The Wisconsin Supreme Court ruled 4-3 Wednesday to invalidate the order by Wisconsin Department of Health Services executive Andrea Palm to remain at home in light of the COVID-19 pandemic. Palm also ordered any “non-essential” businesses to remain closed as stated in Emergency Order 28. Palm issued the order on April 24 to remain in effect until May 26. It followed another of her Emergency Orders that had been issued on March 24, this one requiring individuals to remain at home except in limited circumstances. Violation of these stay-at-home orders was punishable with imprisonment.

The Wisconsin Supreme Court held that Palm exceed her authority did not properly follow emergency rule procedures in issuing the Emergency Order. Palm’s Emergency Order 28 was not issued by the governor and it was not reliant on the governor’s emergency declaration, as her previous emergency order had been.

The court had accepted 14 amici briefs for their decision from parties such as Americans for Prosperity – Wisconsin, Wisconsin Faith Voices and the Tavern League of Wisconsin.

While Palm was the one listed on the lawsuit, both Emergency Orders included Governor Tony Evers. As such, the court’s ruling effectively struck down all of the state’s stay-at-home orders. The court thus allowed the order to stay in place until May 20 to provide the state with time to take different steps to respond to the coronavirus. While the court gave them until May 20, they encouraged the parties to move quickly and in good faith for the “interests of the people of Wisconsin.”

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