Wisconsin Supreme Court Strikes Down Safer at Home Order

This afternoon, in a 4-3 decision, the Wisconsin Supreme Court declared that Emergency Order 28—the extended Safer at Home Order issued by Governor Tony Evers’ Department of Human Services Secretary-designee—is “unlawful, invalid, and unenforceable.” The initial Safer at Home Order went into effect on March 25, and was thereafter extended until May 24 by Emergency Order 28. With the Safer at Home Order declared unenforceable, the Court indicated that Wisconsinites and Wisconsin businesses would need to look to the Legislature and the Department of Human Services, together, to enact “future law-making" to address COVID-19, going forward.

We can all expect a flurry of updates as Wisconsin government, businesses, and individuals sort out next steps in reopening businesses and communities throughout the State.

The Court’s decision and various opinions can be found here.