Court: Supreme Court of Wisconsin
Appeal No: 2020AP1742
Status: Awaiting Opinion/Decision
This case is a challenge to a statewide emergency order purporting to place capacity limits on certain businesses. Following some procedural wrangling at the circuit court, the Court of Appeals issued an injunction against enforcement of the emergency order. The state appealed to the Wisconsin Supreme Court.
While this case was pending the legislature convened the Joint Committee for Review of Administrative Rules and determined that the emergency order was a “rule” and required the state to promulgate the emergency order as a rule, in accordance with chapter 227, within 30 days. The state ignored the legislature’s commands.
Oral arguments were held on December 17, 2020. This case is now awaiting an opinion/decision.
Business Interest: This case is of interest to the broader business community due to the impacts it can have on our constitutional separation of powers and ultimately to the development and oversight of new regulations.