Wisconsin Supreme Court strikes down stay at home order

In its order, the Supreme Court said Evers’ stay at home order is “invalid, and therefore, unenforceable,” so some businesses and restaurants presumably may open immediately. But some counties, such as Dane, have already issued replacement orders enforcing the elements of the governor’s order, and therefore must remain closed.

With the absence of a statewide rule, Wisconsin may easily become a patchwork of different COVID-19-related rules and regulations as counties take matters into their own hands. Evers and Republicans, however, could come up with new statewide rules within days.

The Republican Legislature, which brought the lawsuit against Evers’ health secretary, Andrea Palm, wanted the court to delay its decision from going into effect for 6 days to allow Evers and Republicans to come up with a replacement plan. The court denied that request, with justices saying lawmakers should have had time to produce replacement rules.