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Wisconsin Governor Tony Evers wears a mask during a July 7th press briefing.

Evers Sued Over Second Public Health Emergency

By Casey Nelson Aug 25, 2020 | 10:21 AM

MILWAUKEE, WI (WTAQ) – The Wisconsin Institute for Law & Liberty (WILL) is suing Governor Tony Evers over the latest public health emergency, which was declared last month. The conservative firm filed the lawsuit in Polk County court on behalf of three Wisconsin residents.

The suit claims that Governor Evers violated state law by declaring a second public health emergency during the same pandemic. WILL argues that law forbids a governor from unilaterally extending a public health emergency beyond 60 days or skirting the law by declaring multiple 60-day emergencies for the same crisis.

According to WILL’s filing, the legislature had the option to extend the emergency and the expanded executive powers that accompany a state of emergency but declined to take any action. They believe the end of the emergency should move to the return of regular constitutional order, and that the legislature has the responsibility of crafting and passing legislation and the executive branch has the option to sign or veto legislation.

“This lawsuit is not about whether masks are good or bad, or whether Wisconsin ought to do more, or less, to address COVID-19. It isn’t even about whether the state should have a mask mandate. This lawsuit is about our system of government and the rule of law. Governor Evers cannot seize these time-limited emergency powers more than once without legislative approval,” said WILL President and General Counsel Rick Esenberg.
WILL says the basis of their lawsuit is very simple – Governor Evers cannot seize emergency powers more than once to address the same crisis. They claim that by interpreting the law otherwise would allow one-person rule by the Governor for a virtually unlimited amount of time ‘whenever the vague statutory definition of a “public health emergency” or “disaster” can be said to be present’.

Evers’ new declaration came as coronavirus cases in Wisconsin surged through July. Although the seven-day average of new cases has fallen from 930 on July 26 to 665 as of Monday, testing has also declined and the percentage of positive tests has risen.

To read the full complaint filed by WILL on Wednesday, click here.

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