MADISON, Wis. — Gov. Tony Evers is “advising” Wisconsinites to stay home as coronavirus cases continue to surge statewide, making it one of the nation’s coronavirus hotbeds.
Executive Order #94, which Evers signed Tuesday, advises Wisconsinites to stay home as much as possible and business owners to take extra precautions to protect workers, customers and the greater community.
“I know I don’t have to tell you that this year has been one of major challenges. A global pandemic—coupled with economic uncertainty and another election season—has shaken our patience, our empathy, and our compassion for one another,” Evers said in his primetime statewide address. “Our optimism has been battered, our resilience strained, and our character tested.”
During his evening address, Evers said he plans to introduce new COVID-19 legislation to address the ongoing pandemic. It’s unclear what that legislation will include.
“Here’s the bottom line—the federal CARES dollars we received earlier this year expire on December 31st. That means unless we get additional support from Congress, our state will have to foot the bill for our response after the New Year,” Evers said. “So, please contact your congressperson and ask them to provide additional support and resources for our state’s response to this virus. We must be able to continue all our efforts to keep people healthy and safe.”
On Tuesday, state and county health officials confirmed an additional 6,427* cases of the coronavirus. State and county health officials also confirmed an additional 65 coronavirus-related deaths Tuesday, bringing the statewide death toll to 2,434*. The state has reached an all-time total of 279,144* confirmed cases, with nearly 62,000 of those cases remaining active.
Evers’ push for Wisconsinites to take safety precautions into their own hands comes against a backdrop of lawsuits, the most recent of which before the state Supreme Court challenges Evers’ legal authority to issue more than one public health emergency during the same pandemic (and forms the basis for the ongoing face mask mandate).
Legal challenge to order
The state Supreme Court is set to hear oral arguments in Fabick v. Evers on Nov. 16, and has been joined by the plaintiffs in a similar case currently being brought in Polk County.
The legal challenge of whether Evers could issue multiple public health emergencies under the same order was rebutted by a St. Croix County Walker-appointed judge in October, who upheld the first face covering order and wrote in his decision that the legislature could “end the state of emergency at any time,” rather than relying on the courts.
Ahead of Monday’s oral arguments in the Fabick v. Evers case before the state Supreme Court, however, that decision could effectively become moot if justices side with Jere Fabick.
“The question remains whether or not the state Supreme Court may decide whether this is all part of one emergency and therefore the 60-day window is expired,” UW-Madison political science professor Ryan Owens said. “And then if not, the question is: Will the governor go through the emergency rule making process?”
Rule making process
The rule process was part of the state Supreme Court’s decision in May. In overturning the Safer at Home order, the court effectively told the Evers administration that the DHS didn’t have the authority to issue orders and that instead, future statewide measures had to go through a rule-making process that puts Evers at the veto-power of a Republican-controlled legislative committee.
That ruling became relevant to a lawsuit later in the year after the DHS issued an order limiting indoor gatherings. Ultimately, on its final day in effect on Nov. 6, the Wisconsin Court of Appeals blocked the order on the rule-making basis. (A lower court had issued an injunction, rendering the order ineffective two weeks prior to that decision.)
Public health emergency orders
Wisconsin is currently under its third public health emergency order, issued days before the second was set to expire on September 28. Set to expire Nov. 21 unless revoked by the Governor or a joint resolution from the legislature, the order was issued on Sep. 22 in tandem with a second mask mandate.
Ultimately, Owens said that a decision in the case currently before the state Supreme Court could be the most important factor influencing any forthcoming orders from the Evers Administration.
“He has two channels to do this,” he noted. “One, the court may foreclose. The second one remains open to him. But politically he’s decided he doesn’t want to go that route. He may change his mind afterwards; we’ll just have to see what he does.”
GOP, Evers at odds
Negotiations between GOP legislative leaders and Gov. Evers have been largely ineffective so far. A public statement from Evers calling on Assembly Speaker Robin Vos and Senate leader Scott Fitzgerald to negotiate with him earlier in October went unanswered, despite later indications from Vos that he might consider additional coronavirus measures.
*News 3 Now uses data from DHS and county dashboards to calculate daily cases and deaths. DHS posts new numbers daily at 2 p.m., and our newsroom continues to update our totals throughout the day with additional cases that individual counties report. By using a combination of state and county data, News 3 Now is dedicated to providing the most comprehensive and up-to-date COVID-19 coverage.
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