Boots & Sabers

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Owen

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1028, 31 Mar 21

Wisconsin Supreme Court Rules that Governor Exceeded Authority

Huzzah, huzzah

“we conclude that the state of emergency proclaimed in Executive Order #105 exceeded the Governor’s powers and is therefore unlawful”

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1028, 31 March 2021

15 Comments

  1. Rational Thought

    What is really catastrophic about this decision is that it wasn’t 7-0. No real judge could justify Evers’ over reach. The law is clear.

    Justice Bradley, writing for the minority, said: “This is no run-of-the-mill case. We are in the midst of a worldwide pandemic … with the stakes so high, the majority not only arrives at erroneous conclusions, but it also obscures the consequence of its decision.”

    So what, we just throw the constitution out the window because of your feelings? Evers never gave the law a chance. He never even entertained the legislation’s right to be part of the decision making and that is clearly against what the constitution states.

    I am certainly happy about the result of the decision, but disappointed in how we allow people that don’t know how to be judges, on the supreme court.

  2. Merlin

    It’s troubling that it took so long to arrive at a split decision on such a simple issue. Justice delayed effectively gave Evers the cover to do whatever the hell he wanted for as long as he wanted. Apparently the lefties don’t really require a majority in either the legislature or the SC to enforce their will.

  3. Rational Thought

    Right on Merlin. These politicians that abuse their power and knowingly violate the law, should see prison time. The problem we have is that the attorney general was elected in the same election as the governor. Perhaps that should be an alternate year instead, or arranged in some way not to be a puppet of the Governor or his party.

  4. dad29

    When even Government-Man Hagedorn cannot finagle a way around the black-letter law, you know it was a slam dunk for Jere Fabick–who deserves our thanks!

  5. Tuerqas

    “This is no run-of-the-mill case. We are in the midst of a worldwide pandemic … with the stakes so high, the majority not only arrives at erroneous conclusions, but it also obscures the consequence of its decision.”

    Re-interpretation: This is no run-of-the-mill case. We are in the midst of a worldwide pandemic … with the opportunity to keep fear running so high, the majority not only arrives at erroneous conclusions, but it impedes our path to Authoritarian rule. Emotion must rule if people want to be protected from making their own decisions.

  6. Merlin

    Can’t help but wonder if it wasn’t Hagedorn who strung this out in order to enable the liberal agenda while in the end throwing a dry hump decision to folks who criticize his voting record. Too little, too late, but still a little something to tone down the criticism.

  7. steveegg

    I believe you nailed it, Merlin. Kennedy Jr. ran out the clock here.

  8. Mar

    I think everyone here had great thoughts.
    The only thing the ruling did was to prevent Evers to do another mandate but his liberal lackys in liberal cities and counties will continue their own tyranny with their own mandates.
    Oh, btw, I called this a couple of months ago.

  9. steveegg

    Now that I had time to read the opinion, it really was a running out of the clock. One of Hagedorn’s footnotes (#8) strongly suggests that they had this case decided before February 4, when the Legislature finally acted to shoot down the 5th “60-day” declaration/4th mask-forever order and Evers responded by issuing the 6th “60-day” declaration/5th mask-forever order. Ever-so-conveniently, this came out the day AFTER the announcement that everybody would be eligible for the vaccines on Monday (which was supposed to be the “end” of the 6th “60-day” declaration and most likely the start of the 7th).

    Something tells me that had the original mass-vaccination plan to begin on May Day held, Hagedorn would have slow-rolled the opinion for another month.

  10. Mar

    Nothing like being political, even in the WI Supreme Court.
    I thought they were beneath that.
    Guess not.

  11. Le Roi du Nord

    mar:

    You haven’t been voting in WI for a while, eh?

  12. Mar

    Nope but I was being a bit sarcastic.
    You Canadian now?

  13. Le Roi du Nord

    And you have never been in far NE WI either, eh?

  14. Mar

    Many, many times. When I lived in Wisconsin Rapids, I had a job on the weekends where I would drive and pick up film from pharmacies and other stores and my route was from Stevens Point to Northern Michigan.

  15. Mike

    This is an amazing ruling, it even brought together the Boots and Sabers commenters.

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