Josh Kaul
Press Release

AG Kaul Supports Dane County COVID-19 Emergency Order with Amicus Briefs

August 28, 2020

By - Aug 28th, 2020 05:38 pm

in opposing the two petitions. The petitions contend that by barring in-person instruction, Emergency Order 9 exceeds Heinrich’s statutory authority and violates petitioners’ religious liberties and right to direct their children’s education.

The briefs argue that during a public health crisis, a public health officials’ decision to implement emergency health measures is entitled to significant deference, and that constitutional rights do not permit individuals to engage in activities that pose serious public health risks. The briefs also argue that Wisconsin’s laws explicitly empower local health officials to take reasonable and necessary actions to suppress potentially lethal diseases like COVID-19, which may include barring in-person group instruction in appropriate circumstances. In addition, the brief asks the Court to reject petitioners’ request to have their case directly resolved by the Wisconsin Supreme Court, since the petitions raise a host of factual assertions that should be resolved through the presentation of competing evidence in a trial court.

The briefs can be found here and here.

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