Supreme Court weighs whether to rein in Dane County Board’s delegation to health agency – Madison.com

When the Supreme Court rejected the first lawsuit challenging health officials’ rulemaking authority, Justice Brian Hagedorn, who concurred in the 4-3 denial, wrote that the lawsuit raised “important statutory and constitutional questions” but said the case should begin in circuit court.

In 2020, the Supreme Court turned down Democratic Gov. Tony Evers’ stay-at-home order, after which local authorities began creating COVID-19 restrictions.

But those contested local orders are legal, Public Health Madison and Dane County said in a statement.

“We are confident that the Wisconsin Supreme Court will uphold the legality of our public health orders,” the agency said.

The lawsuit was brought by Jeffrey Becker, whose children play for a youth soccer team, and Andrea Klein, whose children play in the Stoughton Youth Hockey Association. A Leap Above Dance, a dance studio in Oregon, joined the case after Dane County sought action against the studio for allegedly violating the indoor gathering ban in late 2020.

“This case is not about what restrictions are appropriate during the ongoing COVID pandemic, which is admittedly serious,” the lawsuit states. “It is about who decides and how.”

Source: https://madison.com/wsj/news/local/govt-and-politics/supreme-court-weighs-whether-to-rein-in-dane-county-boards-delegation-to-health-agency/article_ed898d38-144e-5833-8cf7-cb69d4f605d7.html

When the Supreme Court rejected the first lawsuit challenging health officials’ rulemaking authority, Justice Brian Hagedorn, who concurred in the 4-3 denial, wrote that the lawsuit raised “important statutory and constitutional questions” but said the case should begin in circuit court.

In 2020, the Supreme Court turned down Democratic Gov. Tony Evers’ stay-at-home order, after which local authorities began creating COVID-19 restrictions.

But those contested local orders are legal, Public Health Madison and Dane County said in a statement.

“We are confident that the Wisconsin Supreme Court will uphold the legality of our public health orders,” the agency said.

…….

When the Supreme Court rejected the first lawsuit challenging health officials’ rulemaking authority, Justice Brian Hagedorn, who concurred in the 4-3 denial, wrote that the lawsuit raised “important statutory and constitutional questions” but said the case should begin in circuit court.

In 2020, the Supreme Court turned down Democratic Gov. Tony Evers’ stay-at-home order, after which local authorities began creating COVID-19 restrictions.

But those contested local orders are legal, Public Health Madison and Dane County said in a statement.

“We are confident that the Wisconsin Supreme Court will uphold the legality of our public health orders,” the agency said.

…….

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