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Court could rule to block Wisconsin's 'Safer at Home' order as early as April 30

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MILWAUKEE (CBS 58) -- Wisconsin Senate Majority Leader Scott Fitzgerald, R-Juneau says Gov Evers' administration is overstepping authority by extending the state "safer at home" order without legislation.

“We’re saying no no no," Fitzgerald said. "This is the rulemaking process that the legislature has utilized for hundreds of years.”

Fitzgerald said too much authority is in the hands of Wisconsin Department of Health Services Secretary Andrea Palm to unilaterally decide what to shut down in the state, and for how long.

Evers called the lawsuit a "shameful" power grab from Republicans, noting that it focuses only on giving legislators more authority in the process, without actually detailing a plan to keep Wisconsinites safe from coronavirus. The governor said Tuesday the lawsuit signals to the 4,600 people in the state who have contracted COVID-19, and the families of the 242 people who have died, that Republican leadership doesn't care about them.

“Legislative Republicans frankly have said that the people of Wisconsin, that power, our political power is more important than your health,” Evers said in a call with reporters Tuesday.

Fitzgerald said Republicans don’t want the entire order gone, but they want a more limited scope and input on major decisions like shutting down schools. They asked the Wisconsin Supreme Court to stay the order for six days if they deside to rule it unconstitutional, which would give lawmakers time to work on a new plan with the Wisconsin Department of Health Services.

“We have constituents too," Fitzgerald said. "And they are not going to be happy if the governor shuts down schools in the fall, and were standing here saying sorry folks we’re powerless.”

Fitzgerald says rural areas opening up could help the state support urban areas that do need to be shut down.

“Let the Wisconsin Dells open up, so they can help Milwaukee when it comes to the revenue streams," Fitzgerald said. "Let northern Wisconsin, where they’re not seeing any deaths, or COVID numbers are so low.”

The entire process of DHS responding the lawsuit, the Republican response to that challenge, and all third party arguments, must be submitted to the Wisconsin Supreme Court by April 30. From there, the decision is in the hands of the conservative-controlled court. 

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CharlieHensley 32 days ago
https://thefederalist.com/2020/04/27/doj-instructs-u-s-attorneys-to-lookout-for-state-and-local-governments-violating-civil-liberties/#.XqdEkime-n8.twitter
Tavariyae 36 days ago
No but Wisconsin needs to open back up cause I’m ready to go back to work so what are y’all talking about in these comments
Kevin 36 days ago
Sack Roggensack in 2023 !!!
Mornay 36 days ago
Fitzgerald is stupid as soon as it opens your gonna have thousands tourist looking to escape the virus where the are.. Leaving those small towns without the infrastructure to cobat the virus vulnerable if 100 people were to be sick in those places it would be catastrophic
CarlMelbye Mornay 36 days ago
You know, its kind of funny when I hear a liberal start a sentence with "You just don't understand" or "The science says" ..... I have to remind myself that this is someone whose political base struggles with which bathroom to use.
Kevin CarlMelbye 36 days ago
except that none of the posts u are responding to start that way - stay on topic or move along Russian bot
JoelRitchie 37 days ago
The president gave the power to the governor of each state to reopen as they see fit. So all other politicians need to sit down and let Evers do his job. Wisconsin doesn't need to become another New York because of political garbage.
Rommel 37 days ago
Fatzgerald sounds like Tommie Thompson...….stick it to em.
James 37 days ago
Let the Wisconsin Dells open up, so they can help Milwaukee when it comes to the revenue streams," Fitzgerald said. "Let northern Wisconsin, where they’re not seeing any deaths, or COVID numbers are so low.”

As a Rhinelander resident, I'm not looking forward to when all the summer people start coming up. I know that places like campgrounds, resorts, and supper clubs are hurting, but it seems like insanity to me. There is a reason that we only have 6 confirmed cases in Onieda county....the shelter at home is working.
Kopps 37 days ago
I say let the protesters go ahead and get themselves sick, but don't allow them to access health care or other essential government services if they choose to violate the Safer at Home order. Darwin will reward them.
Sue Kopps 37 days ago
I totally agree with you about the protesters! I wonder if Fitzgerald would change his tune about pushing to lift the Safer at Home order if he himself or a family member contracts Covid-19.
CarlMelbye Sue 36 days ago
You know, its kind of funny when I hear a liberal start a sentence with "You just don't understand" or "The science says" ..... I have to remind myself that this is an idiot whose political base struggles with which bathroom to use.
GeQur 37 days ago
Representative Fitzgerald has been overstepping since Governor Evers took office. We are talking about peoples lives and the Republican representatives are talking about businesses and "their" constituents. Governor Evers decision is based on science and statistics and stated as that changes,so can the "safer in place" order. We have already seen those numbers grow during the voting and even those staffing the polling sites. If the Supreme Court rules against the Governor, it will be strictly political.
Jules GeQur 36 days ago
Evers is the worst Governor ever he is an mornon
BarryMedeep Jules 36 days ago
He's a mornon? What's a mornon? Is a mornon someone who is intelligent enough to use proper spelling and grammar? Or maybe a mornon is someone who cares about people's lives?
SEB BarryMedeep 31 days ago
Ok, "Perfectionist"... You know what she meant. Stop nit-picking when you having nothing really to say. I'm not saying Evers is a "moron" or anything like that; however, it sure looks like he's trying pretty hard to make a political statement for himself. Everyone knows that ANY death during this pandemic is going to be considered a "COVID-19" death simply because it grants the states Federal money. Do, the ACTUAL death numbers caused by "COVID-19" aren't accurate. I'm not saying Evers doesn't care about people's lives or not, what I (along with MANY others in this state) am saying is that Evers is over-stepping his authority by continuing his "Safer at Home" order without going through the legal process. If people are worried, scared, etc. about contracting "COVID-19", then they are free to stay at home voluntarily. For the many other Wisconsinites who live in areas where the virus isn't prevalent, they shouldn't be forced into staying at home, their businesses closed, and their lives shuttered. Common sense goes a long way in staying safe from ANY virus - wash your damn hands! Don't sneeze or cough in other people's faces, etc! So, BarryMedeep, if you want to just belch at people making comments that have misspelled words or poor grammar, and have nothing else to contribute to the topic at hand - just don't.
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