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
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Read more about Coronavirus Pandemic here
- Court Watch: Why Court Voided Evers Emergency Order - Gretchen Schuldt - Apr 5th, 2021
- Statement by Heartland Institute Director Jeré Fabick on WI Supreme Court Victory Against Gov. Tony Evers - Heartland Institute - Mar 31st, 2021
- Senator Agard: Statement on Supreme Court Decision - State Sen. Melissa Agard - Mar 31st, 2021
- Wisconsin’s Hyperpartisan Supreme Court is Endangering the Public - Democratic Party of Wisconsin - Mar 31st, 2021
- Wisconsin Supreme Court: Gov. Evers’ Multiple Emergency Declarations Violate Law - Wisconsin Institute for Law & Liberty - Mar 31st, 2021
- Rep. Hesselbein Statement on Supreme Court Ruling on Emergency Orders - State Rep. Dianne Hesselbein - Mar 31st, 2021
- Statement on Wisconsin Supreme Court Decision - State Sen. Jon Erpenbach - Mar 31st, 2021
- Gov. Evers Releases Statement Regarding Supreme Court Decision - Gov. Tony Evers - Mar 31st, 2021
- Rep. Hintz: Statement on Wisconsin Supreme Court Ruling - State Rep. Gordon Hintz - Mar 31st, 2021
- State Supreme Court Overrules Evers’ Emergency Powers - Laurel White - Mar 31st, 2021
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