Wisconsin Supreme Court strikes down governor's mask mandate
MADISON, Wis. (AP) — The Wisconsin Supreme Court struck down Democratic Gov. Tony Evers' statewide mask mandate on Wednesday, stripping the governor of one of his last remaining tools to curb the spread of the coronavirus as the state stands on the precipice of another surge in infections.
The conservative-leaning court ruled 4-3 that Evers violated state law by unilaterally issuing multiple emergency orders to extend the mandate for months. It found that Evers needed legislative approval to issue more orders after the expiration of the initial 60-day mandate he issued in August.
“The question in this case is not whether the governor acted wisely; it is whether he acted lawfully. We conclude he did not,” Justice Brian Hagedorn wrote for the majority.
The decision marks another legal defeat for Evers. The state Supreme Court in May struck down his stay-at-home order, finding that his health secretary lacked the authority to issue such an order. A state appeals court blocked Evers' attempts to limit capacity in bars, restaurants and other indoor places in October.
Wednesday's decision comes as COVID-19 cases have been rising in the state. The seven-day daily average has jumped from fewer than 400 cases in mid-March to 501 as of Tuesday. State Department of Health Services Secretary Julie Willems Van Dijk said the state is seeing “warning signs” that another surge in infections is about to begin.
Local mask mandates remain in place. The city of Milwaukee and Dane County, which is home to the state capital of Madison, both have issued such mandates. But invalidating the statewide order leaves Evers with few options to slow the virus' spread on a broad scale.
Evers said in a statement that he's trying to keep Wisconsin residents safe and that he used science to guide his decisions. He promised to keep working...
