by Ramon Tomey
April 19, 2021
The Wisconsin Supreme Court struck down a mask mandate put in place by Gov. Tony Evers. In a 4-3 ruling, the high court ruled on March 31 that Evers overreached his authority with that mandate. According to the magistrates’ decision, the governor needed approval from state lawmakers – who are opposed to statewide mask mandates – before any emergency orders can be implemented.
Chief Justice Patience Roggensack and Justices Brian Hagedorn, Annete Ziegler and Rebecca Bradley ruled against overturning the emergency mask order. Meanwhile, Justices Ann Walsh Bradley, Rebecca Dallet and Jill Karofsky dissented. The majority decision penned by Hagedorn stated: “After receiving briefing on these requests, we conclude that the state of emergency proclaimed [by Evers] … exceeded the governor’s powers and is therefore unlawful.”
Hagedorn and the other justices argued that their decision had nothing to do with mask mandates being a prudent medical decision or not. “The question in this case is not whether the governor acted wisely; it is whether he acted lawfully. We conclude he did not,” they explained. “We declare that executive orders [ordering Wisconsin residents to wear masks] … were unlawful.”
However, the ruling of the state’s highest court will not affect mask mandates issued at the local levels. The decision to require masks will now be left in the hands of city and county health departments, alongside individual businesses.
Waukesha County has expressed that it will not require people to wear masks. Meanwhile, responses in Milwaukee County have been mixed. The cities of Brown Deer, Glendale, Milwaukee, Shorewood, Wauwatosa and Whitefish Bay have their own mask mandates. Other cities such as West Allis do not require face coverings.
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