MILWAUKEE, Wis. (Legal Newsline) – Business interests are lining up behind a lawsuit filed by the state Legislature opposing Democratic Gov. Tony Evers’ extension of a stay-at-home order through May 26, intended to stop the spread of the COVID-19 virus.
Republican legislators said the governor is overstepping his bounds by shutting down and crippling the state’s economy. An injunction has been requested from the Wisconsin Supreme Court to postpone the stay-at-home extension order until the case can be heard.
Evers, who issued the extension on April 16, countered with a public statement that the executive branch has broad authority to enact orders to prevent the spread of communicable diseases.
On April 21, the Republican-majority Wisconsin legislature called on the Supreme Court to temporarily block enforcement of Evers' stay-at-home order with an injunction. The Supreme Court ruled 6-1 to accept the case (Justice Rebecca Dallet was the lone dissenting vote).
Oral arguments begin May 5 via video conference and are expected to last at least 90 minutes.
An amicus brief filed in the case by Americans for Prosperity (founded by the Koch Brothers) explained its opinion to the Supreme Court.
“A complete halt of all societal contact is neither possible nor necessary,” the brief reads.
“There are commonsense ways people can work together to develop an approach that both protects health and keeps food on the table. By respecting core separation-of-powers principles and honoring the Legislature and public’s role in addressing the crisis, government is more likely to develop the goodwill necessary for successful outcomes.”
The brief called Evers' extension order “pervasive.”
“Wisconsin’s shutdown orders touch nearly every aspect of daily life,” the brief contended. “They close schools, libraries, places of public amusement, salons, and spas. It only permits individuals to leave their homes for an enumerated list of so-called 'essential' functions or special situations. This order was created without the input of the people’s elected representatives, and is outside the normal process of law in a way that exceeds statutory bounds.
"The Legislature is right to ask this Court to intervene. The order risks undermining well-intended goals of protecting public health because it sweeps too broadly in restricting civil liberties and economic freedoms.”
AFP asked the Supreme Court to grant the Legislature’s petition for a stay and vacate the Governor’s order.
A number of groups have filed similar briefs asking the Supreme Court to halt the extension order, among them the Wisconsin Manufacturer’s and Commerce Association, which said the state has seen 450,000 unemployment claims.
“A survey by the University of Wisconsin found that 35% of respondents (business owners) would be forced to permanently close if current conditions continued for more than three months,” the WMCA brief stated.
Other groups filing briefs against the extension include the Wisconsin Dairy Alliance, Wisconsin Public Health Association, Milwaukee Teacher’s Education Association, ABC for Health and several more.
Representatives of the Dairy Alliance said they are being crippled by the stay-at-home order.