May 5, 2020 – Madison, WI – On May 5, 2020, the Wisconsin Supreme Court heard oral arguments on Wisconsin Legislature v. Andrea Palm. Case #2020AP765-OA
The justices heard arguments related to the following questions: -Whether the Department of Health Services (the Department) violated Wis. Stat. § 227.24, governing emergency rules, by issuing Emergency Order No. 28 without complying with § 227.24’s procedures?
Even if the Department did not violate § 227.24, whether Emergency Order No. 28 exceeds the Department’s authority by closing all “nonessential” businesses, ordering all Wisconsin persons to stay at home, and forbidding all “nonessential” travel? #wisconsineye #COVID19
The oral arguments, held Tuesday, May 5, as the State Supreme Court reviews the power of the Department of Health and DHS Health Services Secretary Andrea Palm to issue a “safer-at-home” order closing most nonessential businesses in the state.
At the 1:07 mark Justice Rebecca Bradley had a direct exchange with Wisconsin Assistant Attorney General Colin Roth.
“Counsel I think there is a Constitutional problem with the legislature giving away this much power to an unelected cabinet secretary. The people never consented to a single individual having that kind of power,” said Justice Bradley.
“My concern goes back again to what the limits are on the secretary because, under your interpretation of the statues she can do whatever she wants and she can order people to jail if they don’t comply and I don’t think the legislature can give that kind of power to an unelected individual.”
Wisconsin Attorney General Josh Kaul issued the statement below.
