MADISON — The Wisconsin Supreme Court was hearing arguments Monday on whether to strike down the state's mask mandate being challenged by conservatives as an unconstitutional overreach of power by Democratic. Gov. Tony Evers.
The arguments come as Wisconsin broke records last week for new COVID-19 cases amid a coronavirus surge in the state that began in September and has forced many hospitals to operate at or near capacity.
Wisconsin has logged more than 312,000 COVID-19 cases and 2,637 deaths since the pandemic began. There were 2,096 people hospitalized as of Sunday, just below a record high set on Wednesday, according to the Wisconsin Hospital Association. There were 1,522 new cases per 100,000 people in Wisconsin over the past two weeks, which ranks fourth in the country for new cases per capita, according to Johns Hopkins.
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Since the start of the outbreak, Evers has issued three public health emergencies and a series of related orders.
State law limits health emergencies to 60 days, but the Legislature can grant an extension. Evers has issued new health orders, arguing that he can do that because the threat caused by the pandemic has changed.
Lawsuits challenging Evers, including the one being heard by the state's highest court on Monday, argue that the circumstances that led to the first health emergency — the pandemic — have not changed and therefore Evers’ actions are illegal.
His “safer at home” order issued in March was struck down by the conservative-controlled Supreme Court in May. The high court ruled that the Evers administration had overstepped its authority when it extended the order without consulting lawmakers.
A state appeals court in October put on hold another Evers order limiting how many people could gather indoors at places like bars and restaurants. The Supreme Court earlier this month declined to hear the case, meaning there is no statewide capacity limits but there are local restrictions in many places.
In July, Evers issued the mask mandate. He extended it in September and the order is currently set to expire on Saturday, although Evers could extend it.
The case being heard Monday was brought by Jere Fabick, a major Republican donor in Wisconsin who has given more than $350,000 to Republican or conservative candidates in Wisconsin between 1994 and the middle of 2020, according to the Wisconsin Democracy Campaign. In 2016, Fabick gave $20,000 to conservative Wisconsin Supreme Court Justice Rebecca Bradley. Fabick is a board member and policy advisor for The Heartland Institute, a free-market think tank and also the president of a multi-state Caterpillar equipment and engine dealer.
When the Supreme Court struck down the “safer at home” order in May it was controlled 5-2 by conservatives. But that margin is now 4-3, and one of the conservatives, Justice Brian Hagedorn, sided with liberals in May in wanting to uphold the “safer at home” order.
A lower court judge sided with Evers in a second case challenging the mask mandate that was brought by the conservative Wisconsin Institute for Law and Liberty and Republican legislative leaders. A St. Croix County judge in October said there was nothing to prevent the governor from issuing multiple public health emergencies. The judge also noted that the Legislature has the power to overturn the order if it wanted to, but so far has not done that.
In photos: Racine County opens up amid COVID-19 concerns in late May 2020
Uncle Harry's parking lot is busy
Even the construction workers from Main Street stopped to get a treat.
Crazy Train Saloon open for business
The outdoor patio was filled with customers on Friday.
A haircut at last
Ann Cahill cuts a client's hair during a May appointment at her Burlington salon, the Electric Chair, 136 E. Chestnut St.
Open again for business
The Goodwill store at 3131 S. Oakes Road, Mount Pleasant, reopened Friday for people to shop and drop off donations. Workers and customers going into the store are required to wear face masks.
Together again
A group of men gathered Friday outside Fountain Hills Apartments near Washington Avenue and 90th Street in Mount Pleasant. They said they normally get together each Wednesday, but were restricted the past two months by coronavirus concerns. They said they met mostly through the YMCA and were sick of staying at home. While they were not wearing masks to eat, they said they tried to keep a safe distance apart.
Masks at Kewpee
A couple Kewpee Sandwich Shop workers wore masks while most chose not to on Tuesday.
Dirty pens, clean pens
Pen bins placed on the front desk of The Maple Table, 520 Main St., are just another step the farm-to-table restaurant uses in its effort to ensure safety for customers. Customers signing a receipt use a pen from the "Clean pens" bin then leave the pen in the "Dirty pens" bin. Used pens will be sanitized before being placed in the other bin to be used again.
Kewpee groups
Groups waiting for food at Kewpee Sandwich Shop, 520 Wisconsin Ave., tended to stand distant from one another on Tuesday. Some wore masks, some didn't.
Masks at Kewpee
A couple of Kewpee Sandwich Shop workers wore masks while most chose not to on Tuesday in Downtown Racine.
Summer Davis at The Maple Table
Summer Davis wears a see-through face mask while standing behind the bar at The Maple Table, 520 Main St. on Tuesday, the first day Racine restaurants could reopen following closures due to the COVID-19 pandemic.
Summer Davis at The Maple Table
Summer Davis, an employee at The Maple Table, 520 Main St., poses behind the bar while wearing a see-through face mask on Tuesday.
Masks at Kewpee
Corinna Wolter wears a mask while her husband, Mike, places an order at Kewpee Sandwich Shop, 520 Wisconsin Ave., during the lunch rush Tuesday.
