The Wisconsin Supreme Court overturned the state’s stay-at-home order on May 13, concluding that Secretary of Health Services Andrea Palm overstepped her statutory authority when she issued the Safer at Home Order on April 16, 2020. The lawsuit, filed by the Wisconsin Legislature, challenged the validity of the Safer at Home Order on technical grounds, arguing that, because Secretary Palm did not comply with the statutory rulemaking procedures, it was unlawful. The Court agreed and struck down the order, which, among other things, prohibited nonessential travel and shuttered nonessential businesses through May 26, 2020.
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