The Wisconsin Supreme Court struck down the governor’s statewide mask mandate in a 4-3 ruling on Wednesday, liberating citizens of the state from mandatory mask-wearing.
The Wisconsin Supreme Court took objection to Democrat Governor Tony Evers' legal standing to demand that every man and woman in the state wear a mask.
“The question in this case is not whether the governor acted wisely; it is whether he acted lawfully. We conclude he did not,” wrote Justice Brian Hagedorn in his ruling. Evers had issued an entirely new statewide mask mandate after Republican state legislators repealed it in February, claiming he has the authority to issue as many mandatory mask mandates as he wants.”
Michigan courts reached a similar conclusion when they ruled the 1976 "Emergency Management Act," which gives the governor 28 days to act under "emergency" conditions before requiring legislative approval for the actions, could not be applied to the ongoing "emergency" of the Chinese coronavirus in Michigan.
It was a unanimous decision that "emergency" powers couldn't just be renewed again and again to thwart the expiration or revocation of emergency authority.
This is now a second state Supreme Court decision against abuse of emergency powers.