Hey look. The Supreme Court agrees with me. Go about your business, folks.
¶58 We conclude that Emergency Order 28 is a rule under the controlling precedent of this court, Citizens for Sensible Zoning, Inc. v. DNR, 90 Wis. 2d 804, 280 N.W.2d 702 (1979), and therefore is subject to statutory emergency rulemaking procedures established by the Legislature. Emergency Order 28 is a general order of general application within the meaning of Wis. Stat. § 227.01(13) which defines “Rule.” Accordingly, the rulemaking procedures of Wis. Stat. § 227.24 were required to be followed during the promulgation of Order 28. Because they were not, Emergency Order 28 is unenforceable.21 Furthermore, Wis. Stat. § 252.25 required that Emergency Order 28 be promulgated using the procedures established by the Legislature for rulemaking if criminal penalties were to follow. Because Palm did not follow the
law in creating Order 28, there can be no criminal penalties for violations of her order. The procedural requirements of Wis. Stat. ch. 227 must be followed because they safeguard all people.
¶59 We further conclude that Palm’s order confining all people to their homes, forbidding travel and closing businesses 21 This decision does not apply to Section 4. a. of Emergency Order 28. exceeded the statutory authority of Wis. Stat. § 252.02, upon which Palm claims to rely. By the Court.—Palm’s Emergency Order 28 is declared unlawful, invalid, and unenforceable.
Most disappointing is that Justice Hagedorn voted in the minority with a ridiculous rationale. This comes after he went lefty on taking up the ballot issue a few months ago. Make no mistake, once Justice Kelly leaves the court, this is now a 4-3 LIBERAL Supreme Court.