GOP leaders ask court to block safer-at-home order

Lawyers for Republican lawmakers said Thursday the Supreme Court should block the extension of Gov. Tony Evers’ safer-at-home order and require the Department of Health Services to work with lawmakers on a replacement plan.

In a filing, the attorneys disputed claims by Evers’ attorneys that requiring legislative review would hamper the state’s ability to respond quickly to a pandemic. They said the governor can respond through emergency powers that are capped at 60 days unless the Legislature extends them.

They argued that it “cannot be correct” that DHS Secretary-designee Andrea Palm is able to “wield unbounded powers” beyond a time frame longer than the one the governor has before seeking legislative approval.

The Legislature asked the court to block the order and stay enforcement of that block “in its equitable discretion” so DHS can create an emergency rule subject to legislators’ review.

Evers’ administration on Tuesday asked the court to throw out the suit, citing state laws that give the Department of Health Services broad authority to move quickly to address pandemics. A wide range of health groups filed briefs this week calling for the dismissal of the lawsuit, including public health officers and healthcare experts and groups.

“Without deigning to address the potential catastrophic public health consequences of enjoining the department’s safer-at-home orders, the Legislature glosses over the terrible sacrifices by those essential workers who have remained on their posts during this pandemic,” wrote lawyers in a brief for 24 community, advocacy, labor and membership organizations.

They warned that enjoining the orders won’t return the state to “economic normalcy” but will “exponentially replicate the growth of COVID-19 cases currently experienced by workers in the essential industries.”

Business groups like the Wisconsin Manufacturers & Commerce, Wisconsin Dairy Alliance, and the Tavern League of Wisconsin filed briefs in support of the Legislature’s action.

DHS reported an increase of 334 confirmed cases of COVID-19 on Thursday. That brought the total to 6,854 confirmed cases. There were 69,394 negative tests.

The number of deaths increased by eight to 316.

Wisconsin Health News is removing the password on all stories related to the coronavirus. For the latest developments follow us on Twitter at @wihealthnews or check out our website. For complete healthcare coverage, sign up for a free trial to our daily email newsletter.