Suit Asks State Supreme Court to Toss Mask Order
Suit targeting emergency order now wants court to block emergency declaration.
The Waukesha plaintiff who is suing in the Wisconsin Supreme Court to end Gov. Tony Evers’ health emergency and mask order now wants the court to block the governor’s latest COVID-19 emergency declaration.
Jeré Fabick filed a motion late Tuesday as part of his ongoing lawsuit against the governor, which was argued before the state Supreme Court in November. The court has not yet indicated when it would decide the case.
Evers declared a new health emergency and mask order on Feb. 4, directly after the state Assembly passed a resolution ending the previous emergency declaration and mask order that Evers issued Jan. 19. Receiving nearly $50 million in federal aid is contingent on having such an emergency order in place.
His lawsuit — as does another that is still pending — argues that every pandemic emergency that Evers has declared starting Aug. 1 is an illegal extension of the first health emergency, which took effect March 12 and expired May 11. Republicans in the Legislature who voted to end the Jan. 19 emergency made the same argument. Democrats argued that ending the mask order is about masks and the protection they provide against the COVID-19 virus.
The state’s emergency powers law limits a governor’s emergency declaration to 60 days unless the state Legislature votes to extend it.
In its defense of the repeated health emergency declarations, the Evers administration has argued that each one reflected distinct circumstances that have changed throughout the pandemic rather than being an extension of earlier emergencies.
After Evers issued the new emergency Feb. 4, several lawmakers urged the high court to issue a ruling on the Fabick case.
Reprinted with permission of Wisconsin Examiner.
- Evers Proposes COVID-19 Child Care Aid - Laurel White - Mar 4th, 2021
- WI Daily: 677 New COVID-19 Cases - Urban Milwaukee - Mar 4th, 2021
- MKE County: COVID-19 No Longer Declining in Milwaukee - Graham Kilmer - Mar 4th, 2021
- COVID-19 Vaccine Assistance Hotline Now Available - Wisconsin Department of Health Services - Mar 4th, 2021
- Gov. Evers, DCF Announce Plan to Support Early Care and Education Providers, Partners, and Wisconsin Families - Gov. Tony Evers - Mar 4th, 2021
- WI Daily: 539 New COVID-19 Cases - Urban Milwaukee - Mar 3rd, 2021
- City Aims To Vaccinate Every Educator In Two Weeks - Graham Kilmer - Mar 3rd, 2021
- NEW: Senator Johnson Plans to Delay COVID Relief Through Senate Stunt - Opportunity Wisconsin - Mar 3rd, 2021
- Evers Says Schools May Need Summer Classes - Shawn Johnson - Mar 3rd, 2021
- City Hires Private Firm To Track COVID-19 Violations - Graham Kilmer - Mar 3rd, 2021
Read more about Coronavirus Pandemic here
- Suit Asks State Supreme Court to Toss Mask Order - Erik Gunn - Feb 11th, 2021
- Op Ed: Why the War on Masks? Gerrymandering - Mel Barnes - Feb 7th, 2021
- Will Supreme Court Act on Mask Mandate? - Erik Gunn - Feb 6th, 2021
- Rep. Robyn Vining Supports Wearing Masks to Save Lives - State Rep. Robyn Vining - Feb 5th, 2021
- Rep. Rodriguez: Authors Legislation to Create Statewide Mask Order - State Rep. Sara Rodriguez - Feb 5th, 2021
- Democrats Take Action to Protect Public Health - State Sen. Jon Erpenbach - Feb 5th, 2021
- Rep. Bowen Statement on Senate Joint Resolution 3 and Executive Order #105 - State Rep. David Bowen - Feb 4th, 2021
- Republicans End Mask Mandate, Evers Puts It Back In Place - Jeramey Jannene - Feb 4th, 2021
- Rep. Robyn Vining Responds to Assembly Republicans’ Actions to Disregard the Lives and Livelihoods of Wisconsinites - State Rep. Robyn Vining - Feb 4th, 2021
- Gov. Evers Puts Public Health Before Politics, Signs New Public Health Emergency - Gov. Tony Evers - Feb 4th, 2021
Read more about Statewide Mask Mandate here