Wisconsin Mask Mandate Struck Down By Supreme Court

WISCONSIN—The Wisconsin Supreme Court ruled 4-3 Wednesday that Gov. Tony Evers did not act lawfully in issuing multiple public health emergencies during the pandemic, ending the statewide mask mandate put in place to limit the spread of the coronavirus and the latest executive order declaring a public health emergency.

At issue was whether Evers had exceeded his authority in proclaiming states of emergency related to the pandemic after previous orders had been in place for 60 days and had not been extended by the legislature.

The court said that an emergency can only last 60 days. For an emergency to go past 60 days, it must be extended by joint resolution of the legislature, the court said. The petition against Evers was brought by Jeré Fabrick, a policy advisor at The Heartland Institute, which says it plays an essential role in the movement for "personal liberty and limited government."

"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.

Evers had argued that the changing situation related to the coronavirus created "independent enabling conditions" and allowed him to renew his power to declare new states of emergency. While the dissenting justices agreed with Evers, the majority ruled that the restrictions on the governor's powers cannot be avoided by "modest updates to the "whereas" clauses of an emergency declaration."

Writing for the minority, Justice Ann Walsh Bradley said Wednesday's decision added a roadblock to the government's ability to act effectively in response to the pandemic.

"This is no run-of-the-mill case," Bradley wrote. "We are in the midst of a worldwide pandemic that so far has claimed the lives of over a half million people in this country. And with the stakes so high, the majority not only arrives at erroneous conclusions, but it also obscures the consequence of its decision. Unfortunately, the ultimate consequence of the majority’s decision is that it places yet another roadblock to an effective governmental response to COVID-19."

Some municipalities, like Milwaukee and Dane County, have implemented their own mask policies.

In May, the Wisconsin Supreme Court struck down the state's "Safer-At-Home" order, stating that the Evers' administration overstepped its legal boundaries when crafting the order.

Gov. Tony Evers today released the following statement regarding the Wisconsin Supreme Court’s decision striking down the governor’s face covering order:

"Since the beginning of this pandemic, I’ve worked to keep Wisconsinites healthy and safe, and I’ve trusted the science and public health experts to guide our decision making," Evers said. "Our fight against COVID-19 isn’t over—while we work to get folks vaccinated as quickly as we can, we know wearing a mask saves lives, and we still need Wisconsinites to mask up so we can beat this virus and bounce back from this pandemic.”

The ruling comes the same week that federal officials warned that the pandemic was not yet over even as vaccinations continue to be given at a rapid pace in the country. CDC Director Rochelle Walensky became visibly emotional when she warned during a virtual news conference earlier this week of a feeling of "impending doom."

"I'm going to pause here. I'm going to lose the script, and I'm going to reflect on the recurring feeling I have of impending doom. We have so much to look forward to, so much promise and potential of where we are and so much reason for hope. But right now I'm scared," Walensky said.

She encouraged people to "hang on just a little while longer."

President Joe Biden also encouraged people to continue to wear masks during a news conference on Monday, specifically calling on state and local officials to keep existing mandates in place.

"I’m reiterating my call for every governor, mayor, and local leader to maintain and reinstate the mask mandate. Please, this is not politics. Reinstate the mandate if you let it down. And business should require masks as well. The failure to take this virus seriously — precisely what got us in this mess in the first place — risks more cases and more deaths," Biden said in a speech Monday.

"Look, as I do my part to accelerate the vaccine distribution and vaccinations, I need the American people to do their part as well. Mask up. Mask up. It’s a patriotic duty. It’s the only way we ever get back to normal — to cheer together in stadiums full of fans; to gather together on holidays again safely; go to graduations, weddings."

Wisconsin's test positivity rate has been ticking up from a low of about 2 percent earlier this month. The latest data show the seven-day test positivity rate is 2.7 percent as of March 29. Deaths from the virus and hospitalizations are both trending downwards, however more than 250 people are currently hospitalized.

The state has administered over 2.7 million doses of the coronavirus vaccine and at least a million residents have completed the vaccination series.