Case No.: 2020AP1718
Status: Awaiting Opinion/Decision
This case is an original action brought by a Wisconsin taxpayer challenging Governor Evers’ attempts to expand a declared state of emergency beyond the 60-day window allowed by state law. The Supreme Court granted the Petition for an Original Action and has heard oral arguments on the case.
Wis. Stat. § 323.10 provides that “A state of emergency shall not exceed 60 days, unless the state of emergency is extended by joint resolution of the legislature.” Governor Evers has, without legislative approval, attempted to extend his original state of emergency beyond the initial 60-day window. The original action seeks to have those unilateral extensions declared unlawful.
Business Interest: This case is of interest to the broader business community for the impact it could have on government power. Governor Evers previously used powers granted to him during a state of emergency to issue the “Safe at Home” statewide order in early 2020.
UPDATE: On Thursday, February 4 the Wisconsin Legislature adopted Senate Joint Resolution 3 repealing Governor Evers’ emergency declaration. In response, later that day Gov. Evers declared another emergency. Petitioner in this case on February 9 filed an emergency motion for a temporary injunction (along with a supporting brief and appendix, which are available below), asking the Court to immediately weigh in on the legality of the Governor’s emergency declaration
- Petitioner’s Brief
- Respondent’s Brief
- Petitioner’s Reply Brief
- Amicus Brief of Wisconsin Legislature
- Petitioner’s Emergency Motion for a Temporary Injunction
- Petitioner’s Brief in Support of Emergency Motion for a Temporary Injunction
- Petitioner’s Supplemental Appendix in Support of Motion for a Temporary Injunction
- Amicus Brief of Wisconsin Legislature in Support of Emergency Motion