Boots & Sabers

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Owen

Everything but tech support.
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0926, 15 Apr 20

Legislature Can, and Must, Rescind Emergency Order

I thought I would look up the law on the Emergency Order. Key sentence highlighted below.

323.10 Declaration by governor. The governor may issue an executive order declaring a state of emergency for the state or any portion of the state if he or she determines that an emergency resulting from a disaster or the imminent threat of a disaster exists. If the governor determines that a public health emergency exists, he or she may issue an executive order declaring a state of emergency related to public health for the state or any portion of the state and may designate the department of health services as the lead state agency to respond to that emergency. If the governor determines that the emergency is related to computer or telecommunication systems, he or she may designate the department of administration as the lead agency to respond to that emergency. A state of emergency shall not exceed 60 days, unless the state of emergency is extended by joint resolution of the legislature. A copy of the executive order shall be filed with the secretary of state. The executive order may be revoked at the discretion of either the governor by executive order or the legislature by joint resolution.
This is good. I initially thought that the legislature could pass legislation, but it would still require Evers’ signature. By law, the legislature can revoke the governor’s emergency order by joint resolution. It doesn’t require Evers’ signature.
Right now, the emergency declaration expires on May 11th. Given the current evidence and data, the legislature should rescind the order at the end of April and let Wisconsin get back to work. Yes, we will need to take precautions. Yes, we should still quarantine people who are sick or suspected of being sick. But the rest of the people should get back to something resembling normal.
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0926, 15 April 2020

13 Comments

  1. dad29

    I don’t think that Fitz has the gonads for this, and Vos is still examining lobbyist contributions to figure out which way to go.

  2. jjf

    Sure, Vos and Fitz, go right ahead!  You’re doing great so far!  Let’s get WMC and AFP on board, too!  Let’s see a vote!

  3. Mar

    If you go by just the facts and not the theories, the hoaxes, the doctors who love TV time and leave politics out of it, then it is a no brainer but to go back.
    But the liberals will say, if it just saves one life, we will make hundreds of thousands of Wisconsinites suffer greatly.
    It would be nice if the legislature’s did this but it probably won’t happen.

  4. Merlin

    Wait to see whether or not Evers can articulate a coherent rolling restart. It’s not beyond the realm of possibility even if all he does is mimic his more competent counterparts in other states.

    If all he has is more from the Democrat “make it hurt” playbook, then the legislature can in good conscience execute the bitch slap and govern for him.

  5. Owen

    I’m becoming less and less concerned about having a prescriptive plan from the government to reopen. We shut down the economy without a plan. The thought of having the government micromanage the opening is not comforting. I’d rather they just lift the restrictions and rely on the people and business owners to manage it. I trust the people more than I trust some bureaucrat in Madison. It will be messy, but it would be messy either way.

  6. Merlin

    I anticipate any Evers “plan” to be more punitive than prescriptive. They’ve proven themselves not bright enough to get out of their own way, so any viable process going forward will necessarily be a combative one.

    My fear is that the legislature would prefer to sit back and let Evers absorb the arrows rather than be any more proactive on our behalf than they have already been. Wisconsin Republicans have exhibiting a bit of a leadership vacuum themselves.

  7. jjf

    Owen, I’m trying to understand the overlap between “pandemic virus” and “rely on the people and business owners to manage it.”

    What exactly are they managing, what is their goal, strategy and tactic, and how does it affect the spread of the virus?

  8. jonnyv

    I have heard that recommendations may be for casual social distancing until there is a vaccine. That would mean almost no one would go to restaurants or movie theaters, etc until 2021 (maybe later?)

    This is going to change our country. It already has. Things may not go back the way they were ever. The entire service industry is going to be ravaged.

  9. dad29

    I have heard that recommendations may be for casual social distancing until there is a vaccine.

    I’d love to see Tony try to enforce that.  Four Michigan Sheriffs have already declared that they will not be enforcing Gov. Twaddle-de-Dee’s orders.

  10. Kevin Scheunemann

    Jjf,

    If it is not your business, stay out of it.

  11. jjf

    Kevin, Owen’s pretending that the invisible hand will slay the invisible virus.  He’s waving his hands, saying it’ll just be OK.  I want to know how that happens.  Or even what the goal is, and what side effects are acceptable.

    If the virus can affect everyone, why isn’t it my business?

  12. Jason

    >If the virus can affect everyone, why isn’t it my business?

    Dumbest question I’ve seen to date.

  13. Le Roi du Nord

    Dr. k:

    This is sure an odd statement coming from you, the guy that wants to micro-manage School Boards all over the state because you don’t agree with their choice in mascot names: “If it is not your business, stay out of it”.

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