WILL Asks Judge to Decide on Merits in Lawsuit Challenging Gov. Evers’s Emergency Declarations
Critical questions remain before the court on emergency powers
The News: The Wisconsin Institute for Law & Liberty (WILL) filed a motion for summary judgement in Lindoo v. Evers, a lawsuit filed in Polk County Circuit Court challenging Governor Tony Evers’s legal authority to issue multiple emergency declarations in response to COVID-19. A motion for summary judgement asks Judge Waterman to make a decision on the merits of the claims made in WILL’s lawsuit. Judge Waterman’s recent denial of an injunction on October 12, did not address the merits of all of the lawsuit’s claims.
The Quote: WILL President and General Counsel Rick Esenberg said, “The questions before the court are very serious. Governor Evers’s use of multiple emergency declarations to address COVID-19 pose critical challenges to the rule of law and the separation of powers in Wisconsin.”
What’s Next? Unless Judge Waterman issues an expedited timetable, a summary judgement hearing on the merits of Lindoo v. Evers may not occur until December 2020 or later.
WILL filed a lawsuit in Polk County Circuit Court, on behalf of three Wisconsin residents and taxpayers, on August 25. The lawsuit challenges the ability of Governor Evers to seize expansive emergency powers more than once to address the same crisis. Governor Evers declared his first public health emergency in relation to COVID-19 in March 2020.
WILL filed a motion for a temporary injunction on September 28, after Governor Evers declared a third COVID-19 emergency on September 22, in effect a continuation of the earlier emergencies. WILL participated in a hearing on the motion on October 5, and made the case that our clients deserved relief because allowing the emergency declarations to stand would allow one-person rule by the Governor for what could be a virtually unlimited amount of time whenever he deemed the circumstances continued to warrant it. The result would be the total breakdown of our constitutional order.
Judge Waterman issued a written decision on October 12, denying the motion for an injunction.
- Motion for Summary Judgement, October 23, 2020
- Brief in Support of Motion for Summary Judgement, October 23, 2020
- “Gov. Evers’ emergency COVID-19 declaration violates the law,” Rick Esenberg, Wisconsin State Journal, August 26, 2020
- Op Ed: Paging Dr. Johnson - Bill Kaplan - Dec 1st, 2020
- Pharmacies Say Reforms Needed for Vaccine - Rich Kremer - Dec 1st, 2020
- WI Daily: 2,524 New COVID-19 Cases - Jeramey Jannene - Nov 30th, 2020
- Pandemic Slams State’s Hotels - Corri Hess - Nov 30th, 2020
- The State of Politics: How Evers Spent $2 Billion to Fight Covid - Steven Walters - Nov 30th, 2020
- WILL Files Motion for Contempt After City of Racine Ignores Supreme Court Order - Wisconsin Institute for Law & Liberty - Nov 30th, 2020
- WI Daily: 3,831 New COVID-19 Cases - Jeramey Jannene - Nov 29th, 2020
- WI Daily: 5,033 New COVID-19 Cases, Over Half of Reported Tests - Jeramey Jannene - Nov 28th, 2020
- WI Daily: 1,033 New COVID-19 Cases - Jeramey Jannene - Nov 27th, 2020
- WI Daily: 5,095 New Cases As Hospitalizations Fall - Jeramey Jannene - Nov 26th, 2020
Read more about Coronavirus Pandemic here
- Evers Issues New COVID-19 Order - Graham Kilmer - Nov 20th, 2020
- Evers Extending Mask Mandate Into 2021 - Jeramey Jannene - Nov 18th, 2020
- High Court Reviews Evers’ Emergency Powers - Shawn Johnson - Nov 16th, 2020
- State Supreme Court Hearing Challenge to Governor’s Emergency Powers - Shawn Johnson - Oct 29th, 2020
- WILL Asks Judge to Decide on Merits in Lawsuit Challenging Gov. Evers’s Emergency Declarations - Wisconsin Institute for Law & Liberty - Oct 23rd, 2020
- Mask Mandate Targeted by Another Conservative Lawsuit - Shawn Johnson - Oct 16th, 2020
- Data Wonk: How Republicans Screwed Themselves - Bruce Thompson - Oct 14th, 2020
- WILL Pledges Appeal in Lawsuit Challenging Governor Evers’s Emergency Declarations - Wisconsin Institute for Law & Liberty - Oct 12th, 2020
- Court Upholds Evers Mask Mandate - Shawn Johnson - Oct 12th, 2020
- Gov. Evers Releases Statement Regarding Circuit Court Decision Leaving Public Health Emergency Intact - Gov. Tony Evers - Oct 12th, 2020
Read more about Statewide Mask Mandate here
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