Wisconsin Supreme Court strikes down state’s stay-at-home order

State Issues Covid-19 Wisconsin

On May 13, the Wisconsin Supreme Court ruled that the state’s stay at home order was invalid and unenforceable. In a 4-3 decision, the court held that the state’s health services secretary exceeded her authority when issuing the order because she did not follow guidelines in place for emergency rule procedures when issuing the rule. The court further concluded that, even if emergency rulemaking were not required, the order’s requirements for all people to stay in their homes and the closure of businesses exceeded the secretary’s statutory authority. The ruling took immediate effect, lifting the state’s stay-at-home order.