The Wisconsin Supreme Court just struck down the state’s stay-at-home orders, saying in a scathing 4-3 ruling that the heath secretary has no right to use the coronavirus as justification to confine free citizens to their residences — that the order was “unlawful, invalid and unenforceable.”
Finally. A moment of sanity among the barrage of insane unconstitutional acts that have swept this nation.
Executive orders are not laws.
Executive orders are not mentioned anywhere in the Constitution as a right of government.
And that Wisconsin’s highest court called out Health Services Secretary Andrea Palm’s Emergency Order 28, i.e. the lockdown of state residents, as a “vast seizure of power” is an about-freaking-time moment for sure.
This isn’t just a win for the conservatives who brought the court challenge against Palm’s order, which was set to stay in place to at least May 26.
It’s a win for freedom.
It’s a win for civil rights.
And it’s a win that no doubt — hopefully — will translate into similar wins against overreaching executives in other states. After all, if Wisconsin can’t order citizens to stay in their homes unless they receive permission to leave from Palm — then why should other states be able to order the same?
Granted, the ruling didn’t specifically speak to Democratic Gov. Tony Evers’ right to declare a health emergency and use executive powers to counter the emergency. But it nevertheless sends the message to the entire executive branch of Wisconsin’s government that, hey now — as Justice Rebecca Bradley put it, this is not a “tyranny.”
Governors and those serving in executive offices are not lawmakers.
Executive orders, once again, are not duly passed laws by duly elected representatives of the people.
Let the message of this court spread far and wide.
The Tavern League of Wisconsin posted the court ruling on its website with this short line: “You can OPEN IMMEDIATELY!”
Let the message of the Tavern League spread far and wide.
America — Americans — take note: Executive orders are not laws. And now there’s a COVID-19 state Supreme Court real-life precedent to use to reel back governors and executives in all the other states, too.
• Cheryl Chumley can be reached at email@example.com or on Twitter, @ckchumley. Listen to her podcast “Bold and Blunt” by clicking HERE. And never miss her column; subscribe to her newsletter by clicking HERE.