The decision comes as state leaders have wrestled with how and when to relax mandatory business closures and other restrictions on social gatherings that have proved successful in slowing the outbreak but have also ravaged the economy. By Wednesday night, Brown County Health Officer Anna Destree issued a local safer-at-home order to replace the now resolute state rules, requiring all county residents to remain home until at least May 20. Officials in Dane County, home to the capital city of Madison, have already issued a replacement stay-at-home order with most of the original statewide order. Milwaukee health officials said a stay-at-home order they enacted in late March remains in effect and does not have an end date.
Protesters gather for a rally against Evers' extended stay-at-home order at the Wisconsin State Capitol last month.
Elsewhere in Milwaukee County, the state's biggest and home to almost one million people, the 18 suburban municipalities and their 10 public health officials signed an order outlining how local businesses can proceed.
NBC15.com reports: A bar in downtown Platteville posted a video on Twitter showing the establishment packed with people shortly after the "safer at home" order was struck down by the Wisconsin Supreme Court. He predicted the court ruling will lead more counties to impose their own restrictions, leading to a confusing patchwork of ordinances that will allow the infection to spread.
"Today, Republican legislators convinced four members of the state Supreme Court to throw the state into chaos", Evers said. One of the conservative justices, Brian Hagedorn, sided with the liberals. Tony Evers and his administration exceeded its authority when the state Dept. of Health Services Secretary Andrea Palm issued the order.
Conservative justices who control a majority on the the Wisconsin Supreme Court raised questions about the legality of Gov.
"Ms. Palm came here as Governor Evers' hired gun, and she will leave with Wisconsin's corpse if she continues", Tiffany said in a statement. Almost seven of 10 Wisconsin residents back the "safer at home" order, a survey this week showed.
Governor Evers reacted angrily in a conference call, saying the state has been doing well in the fight against the coronavirus. Because they were not, Emergency Order 28 is unenforceable ... Because Palm did not follow the law in creating Order 28, there can be no criminal penalties for violations of her order. However, Palm must follow the law that is applicable to state-wide emergencies.
"Isn't it the very definition of tyranny for one person to order people to be imprisoned for going to work among other ordinarily lawful activities?" asked Justice Rebecca Bradley.
The two highest-ranking leaders of Wisconsin's Republican-controlled legislature, House Speaker Robin Vos and Senate majority leader Scott Fitzgerald, praised the ruling.
Prior to the Supreme Court decision, Gov. Evers announced that retail stores could reopen to five customers at a time.
Emergency orders can be necessary during crises like a pandemic, as long as they are grounded in science and consistent with the need to protect the health, safety, and civil liberties of us all.
"After months of unproductive posturing, I hope the folks in the Legislature are ready to do the same".