The Wisconsin State Supreme Court ruled Governor Evers’s stay at home order “invalid, and therefore, unenforceable” because the governor does not have the authority to enforce it without input from the state legislature. But, the decision leaves the “invalid, and therefore, unenforceable” order in place until May 20th to give the governor and legislature time to work out a new plan. How can it be invalid and unenforceable but remain in place?
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Mental gymnastics in Wisconsin
2 replies on “Mental gymnastics in Wisconsin”
The Republican legislators did ask for a stay, and with the approval it would make sense the stay would be granted, but the last I heard, though that was the day of the announcement, the stay had not been granted.
Something I did read today (the day after) pointed to a section of the ruling that said it was not Gov Evers’ order that was countermanded but the one issued by the health secretary.
My only response is that an emergency isn’t such 60 days later and he should have been talking to the legislative branch 3 weeks ago on what to do when the emergency wasn’t quite so hurried. I guess he was too busy being fitted for jackboots.
I don’t believe the decision does leave the order in place until the 20th. There’s a reference to not enforcing the court’s decision until then in one of the justice’s concurring opinion but I don’t think that has any force.