California Gov. Gavin Newsom is urging all schools in the state to reopen, saying there are no health barriers to getting children back into classrooms and ending distance learning.
WI Supreme Court says governor cannot issue capacity limits
By Scott Bauer
Wisconsin Supreme Court
MADISON, Wis. - The Wisconsin Supreme Court on Wednesday ruled that Gov. Tony Evers administration does not have the authority to issue capacity limits on bars, restaurants and other businesses without approval of the Legislature, a ruling that comes two weeks after the conservative-controlled court struck down the state s mask mandate.
The Supreme Court also ruled last year in a similar case that the Democratic governor needed legislative approval for an emergency declaration that shut down businesses early in the coronavirus pandemic.
There has not been a statewide capacity limit restriction in place since October. That order limited the size of indoor public gatherings to 25% of a building or room’s occupancy or 10 people in places that don’t have an occupancy limit. The on-again, off-again order was blocked by a state appeals court that month.
The Supreme Court ruled 4-3 on Wednesday that the order issued by Evers’ Department of Health Services meets the definition of a rule, which by law must go through the Legislature. The court’s four conservative justices ruled against Evers, while three liberals dissented.
Justice Ann Walsh Bradley, writing for the dissent, said the emergency order did not meet the definition of a rule and the Evers’ administration did not have to “go through the cumbersome rulemaking process.”
“At a time when public health experts are imploring pandemic-weary Wisconsinites to stay vigilant, a faulty statutory analysis once again leads this court to undermine public health measures,” Bradley wrote.
State lawmakers in Hawaii are moving to delay pay raises scheduled for themselves, the governor and judges because of the economic damage from the coronavirus