Case: Wisconsin Legislature v. Palm

2020AP765-OA | Wisconsin state supreme court

Filed Date: April 21, 2020

Closed Date: June 24, 2020

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Case Summary

COVID-19 Summary: On April 21, 2020, the Wisconsin Legislature filed an emergency petition against the Wisconsin Department of Health Services to enjoin the Emergency Orders passed in response to COVID-19. On May 13, the Supreme Court of Wisconsin declared Emergency Order 28 unlawful, invalid, and unenforceable. The case is now closed. On April 21, 2020, the Wisconsin Legislature filed an emergency petition for action against the Wisconsin Department of Health Services (DHS) to enjoin the Emerg…

On April 21, 2020, the Wisconsin Legislature filed an emergency petition for action against the Wisconsin Department of Health Services (DHS) to enjoin the Emergency Orders passed in response to COVID-19. This emergency petition was filed in response to a series of orders passed in response to COVID-19. On March 12, 2020, Governor Tony Evers issued Executive Order 72, which directed DHS to take measures to prevent the spread of COVID-19 in the state. On March 24, “at the direction of” the Governor, the defendant issued Emergency Order 12 requiring Wisconsin citizens to stay at home, prohibiting non-essential travel, and closure of all non-essential businesses. On April 16, the defendant issued Emergency Order 28, which imposed criminal penalties for violations of the order.

Filed in the Supreme Court of Wisconsin, the plaintiffs brought this action under state law and argued that the defendant exceeded the department’s authority. The plaintiff alleged that the defendant violated the state’s governing emergency rules by issuing Emergency Order 28 without complying with the rulemaking procedures. The plaintiff sought a declaratory judgment that Order 28 was invalid and unenforceable. The plaintiffs also filed a motion for a temporary injunction to enjoin Order 28, with a six-day stay on the injunction to allow DHS to promulgate a new rule. They were represented by private attorneys.

On April 29, Legal Action of Wisconsin, the Wisconsin Public Health Association, and other independent organizations filed amicus briefs in support of the defendants. They argued that Order 28 was not a rule and that DHS had statutory authority to support the order. Three independent organizations filed an amicus brief in support of the plaintiff.

Oral argument was held on May 5. On May 13, the Wisconsin Supreme Court declared Emergency Order 28 unlawful, invalid and unenforceable. 942 N.W.2d 900, 391 Wis.2d 497. Specifically, the court found Order 28 to be a rule under Wisconsin statute, and because the defendant did not follow the procedures for rule-making during the promulgation of Order 28, no criminal penalties were to be imposed. The Supreme Court also held that the defendant exceeded their authority. The case is now closed.

	Document
2020AP765-OA	Docket [Wis. Supreme Ct.]	May 13, 2020	May 13, 2020 Docket
2020AP765-OA	Memorandum in Support of Legislature's Emergency Petition for Original Action and Emergency Motion for Temporary Injunction	April 21, 2020	April 21, 2020 Complaint
2020AP765-OA	Non-Party Brief of Amici Curiae, Wisconsin Manufactures and Commerce and Wisconsin Dairy Alliance in Support of Wisconsin Legislature's Emergency Petition for an Original Action and in Support of the Emergency Motion for a Temporary Injunction	April 29, 2020	April 29, 2020 Pleading / Motion / Brief
2020AP765-OA	Non-Party Brief of Amici Curiae, IBAW et al., in Support of Emergency Petition for an Original Action and in Support of the Emergency Motion for a Temporary Injunction	April 29, 2020	April 29, 2020 Pleading / Motion / Brief
2020AP765-OA	Non-Party Brief of Legal Scholars as Amici Curiae in Support of Respondents	April 29, 2020	April 29, 2020 Pleading / Motion / Brief
2020AP765-OA	Non-Party Brief and Appendix of the Wisconsin Association of Local Health Departments and Boards and Associated Municipalities and Counties	April 29, 2020	April 29, 2020 Pleading / Motion / Brief
2020AP765-OA	Brief of Amici Curiae Disability Rights Wisconsin, The Arc Wisconsin, The Arc, and Disability and Aging Organizations	April 29, 2020	April 29, 2020 Pleading / Motion / Brief
2020AP765-OA	Brief of Wisconsin Public Health Association, Wisconsin Nurses Association, Wisconsin Chapter of American Academy of Pediatrics and Other Healthcare Amici Curiae	April 29, 2020	April 29, 2020 Pleading / Motion / Brief
2020AP765-OA	Non-Party Brief of Amici Curiae, Hunter Nation et al., in Support of the Emergency Petition for an Original Action and in Support of the Emergency Motion for Temporary Injunction	April 29, 2020	April 29, 2020 Pleading / Motion / Brief
2020AP765-OA	Brief of Amici Curiae 24 Wisconsin Community, Advocacy, Labor, and Membership Organizations	April 29, 2020	April 29, 2020 Pleading / Motion / Brief

Case: Wisconsin Legislature v. Palm

2020AP765-OA | Wisconsin state supreme court

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