WILL Sues Governor Evers Over Second COVID-19 Emergency Declaration
Lawsuit filed in Polk County challenges Governor Evers’s power grab.
The News: The Wisconsin Institute for Law & Liberty (WILL), on behalf of three Wisconsin residents and taxpayers, filed a lawsuit in Polk County Circuit Court against Governor Tony Evers for violating state law by declaring a second public health emergency on July 30. State law forbids a governor from unilaterally extending a public health emergency beyond 60 days or skirting the law by declaring multiple 60-day emergencies for the same crisis.
The Quote: WILL President and General Counsel Rick Esenberg said, “This lawsuit is not about whether masks are good or bad, or whether Wisconsin ought to do more, or less, to address COVID-19. It isn’t even about whether the state should have a mask mandate. This lawsuit is about our system of government and the rule of law. Governor Evers cannot seize these time-limited emergency powers more than once without legislative approval.”
The end of the emergency heralded the return of our regular constitutional order. The legislature has the responsibility of crafting and passing legislation and the executive branch has the option to sign or veto legislation. Any further statewide responses to COVID-19 ought to have proceeded through this regular process.
But Governor Evers declared a second public health emergency, Executive Order #82, on July 30, seizing emergency powers for a second 60-day period to address the ongoing COVID-19 pandemic. Accompanying the new emergency declaration is a mask mandate applying to all 72 counties.
WILL’s lawsuit is very simple. Governor Evers cannot seize emergency powers more than once to address the same crisis. To interpret the law otherwise, would allow one-person rule by the Governor for what could be a virtually unlimited amount of time whenever the vague statutory definition of a “public health emergency” or “disaster” can be said to be present. The result would be the total breakdown of our constitutional order.
Read More:
- WILL’s Complaint, August 25, 2020
NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. It has not been verified for its accuracy or completeness.
More about the Coronavirus Pandemic
- MHD Release: Milwaukee Health Department Launches COVID-19 Wastewater Testing Dashboard - City of Milwaukee Health Department - Jan 23rd, 2024
- Milwaukee County Announces New Policies Related to COVID-19 Pandemic - County Executive David Crowley - May 9th, 2023
- DHS Details End of Emergency COVID-19 Response - Wisconsin Department of Health Services - Apr 26th, 2023
- Milwaukee Health Department Announces Upcoming Changes to COVID-19 Services - City of Milwaukee Health Department - Mar 17th, 2023
- Fitzgerald Applauds Passage of COVID-19 Origin Act - U.S. Rep. Scott Fitzgerald - Mar 10th, 2023
- DHS Expands Free COVID-19 Testing Program - Wisconsin Department of Health Services - Feb 10th, 2023
- MKE County: COVID-19 Hospitalizations Rising - Graham Kilmer - Jan 16th, 2023
- Not Enough Getting Bivalent Booster Shots, State Health Officials Warn - Gaby Vinick - Dec 26th, 2022
- Nearly All Wisconsinites Age 6 Months and Older Now Eligible for Updated COVID-19 Vaccine - Wisconsin Department of Health Services - Dec 15th, 2022
- City of Milwaukee Bi-Weekly COVID-19 Update - City of Milwaukee Health Department - Dec 9th, 2022
Read more about Coronavirus Pandemic here
More about the Statewide Mask Mandate
- 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, Senate Democratic Leader - 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 - 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
Read more about Statewide Mask Mandate here
Recent Press Releases by Wisconsin Institute for Law & Liberty
WILL Wins Preliminary Injunction in Defense of 1st Amendment
Apr 7th, 2023 by Wisconsin Institute for Law & LibertyLawsuit is a part of WILL’s Preserving Democracy Project
Correct me if I’m wrong, neither WILL, nor the Republican Party of WI, nor the WI Manufactures & Commerce have ever come up with any constructive, science based recommendations or positive ideas to work with Gov. Evers on how to address COVID-19 other than to obstruct, to litigate, to obstruct, to criticize, and to obstruct? They, like everyone else, want WI workers back to work and the economy moving forward which you would think would be the ‘common ground/goal’ everyone would be working towards. Instead when WI finally was getting COVID-19 under control the Republicans stepped forward demanding an end to procedures through the WI Supreme Court that were effective in lower the rate of transmission. Next they, the Republicans, again, immediately threatened to rescind the mask mandate but then waited until WILL stepped in, but this time to let them take them take the blame. And yet, still I hear no constructive, science based recommendations towards the common goal being put forth and so the pandemic continues and time and money are being wasted in more litigation. Doesn’t make sense to me.
WILL is playing the same cards they would under any circumstances, the problem right now is the circumstances. I get that they want answers to constitutional questions and limits on authority, but their strawman arguments such as “uncontrollable single-person rule” as if there were zero checks and balances anywhere (like elections) plus the impatience of wanting any outcome now, right now, during the pandemic is what’s most troubling. The American justice system is notoriously slow and typically requires there to have been actual, quantifiable harm (of which wearing a mask is not) to have occurred first; WILL taking advantage of a Supreme Court full of easily persuaded rubes resulting in making things worse in the short term plus setting precedent(s) that will take a long time to recover from.