Fabick v. Evers, 2021 WI 28, No. 2020AP1718-OA

The record

Jurisdiction

Wisconsin

Level

Court

Authority

Original action; Wis. Stat. 323.10

Issued

2021-03-31 Mar. 31, 2021

Effective

2021-03-31

In force

Mar. 31, 2021 to Sept. 30, 2021

Quarters

2021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Other

Addressees

• Governor
• Department of Health Services

Functions reached

• ends the statewide face-covering mandate and every order under EOs 82, 90, 105

Collection

Wisconsin WI

Operative words

¶1... The question in this case is not whether the Governor acted wisely; it is whether he acted lawfully. We conclude he did not. ¶2 Wisconsin Stat. § 323.10 specifies that no state of emergency may last longer than 60 days unless it 'is extended by joint resolution of the legislature,' and that the legislature may cut short a state of emergency by joint resolution.... ¶44... Therefore, we declare that Executive Orders #82 and #90--both of which declare a public health emergency in response to COVID-19--were unlawful under Wis. Stat. § 323.10. ¶45 We also received a motion and briefing on the lawfulness of Executive Order #105. Based on the legislature's revocation of Executive Order #104, a power specifically granted to the legislature in Wis. Stat. § 323.10, we declare Executive Order #105 unlawful as well. [n.19: As a necessary consequence, all executive actions and orders issued pursuant to the powers triggered by the emergency declaration are likewise void.]

Enforcement

Notes