Bloomberg Law
May 14, 2020, 1:56 AM

Wisconsin Supreme Court Invalidates State’s Stay-at-Home Order

Stephen Joyce
Stephen Joyce
Staff Correspondent

A divided Wisconsin Supreme Court on Wednesday decided that an unelected state agency head’s emergency order shutting down the state because of the Covid-19 pandemic is not enforceable.

In a 4-3 decision, the court concluded that Executive Order 28 was actually a rule, and that Andrea Palm, Wisconsin’s Department of Health Services secretary designee, didn’t follow statutory rulemaking procedures when she issued the order. The order required the state’s population of nearly 6 million people to shelter in place and shut down non-essential businesses to help keep the coronavirus from spreading.

The ruling lifts the stay-at-home requirement and allows ...

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