The statewide mask mandate put in place by Governor Tony Evers has officially been struck down, following a decision from the state Supreme Court released on March 31st.
In a narrow decision split along ideological lines, the conservative majority of the state’s high court found that Governor Evers’ repeated declaration of public health emergencies throughout the COVID-19 pandemic was unlawful.
The decision comes four months after the court heard arguments on the case. It also comes as the governor’s current mask mandate was set to expire April 5th.
Under state law, the governor can declare a state of emergency for sixty days. That can be extended, but only by the legislature.
Since the pandemic began, Governor Evers has issued several emergency orders all relating to COVID-19, citing it as a constantly evolving situation that justifies declaring a continuing public health emergency.
Those extensions of the original order are what the state’s high court struck down.
Governor Evers will be barred from issuing or extending any public health emergency orders regarding the pandemic, including the mask mandate. The legislature can extend the mask mandate, but GOP leaders in the legislature have railed against it, going so far as to pointedly not wear masks on the legislative floor.
The limitation comes as President Biden is calling on governors across the U.S. to reinstate their mask mandates, as the Centers for Disease and Control and Prevention warn of a possible fourth surge of the pandemic. In a brief statement following the decision, Governor Evers encouraged Wisconsinites to continue wearing their masks.
The ruling will not affect local emergency orders, meaning that in some of the state’s most populous areas, such as Dane and Milwaukee counties, mask mandates will stay in place.
The state Supreme Court decision also puts Wisconsinites that rely on government food assistance at risk. The state’s food sharing programs take nearly $50 million in federal funding each month to provide proper assistance, but they can only access this funding if there is an actively declared public health emergency in the state.
According to the Milwaukee Journal Sentinel, future funding for assistance programs is dependent on collaboration between the governor and the legislature.
This is not the first time the state Supreme Court has curtailed Evers’ authority during the pandemic. Last May, the court struck down Evers’ safer-at-home order, which put limits on mass gatherings and businesses. That legal challenge was brought by GOP leaders in the state legislature.
GOP Donor Jeré Fabick is responsible for bringing the mask mandate lawsuit against the governor. The Associated Press reports that Fabick donated $20,000 to current Justice Rebecca Bradley in 2016. Bradley did not recuse herself from this case.
Fabick is also currently pursuing a lawsuit against the Wisconsin Elections Commission to ban the use of absentee ballot drop boxes, like those used in Madison. At this time, the state Supreme Court has not yet indicated whether they will hear that case.
Photo courtesy of Connor Betts on Unsplash.
