From Wisconsin conservative James Wigderson:
The Legislature Has a Constitutional Role, too
Even if the case gets out of Waterman’s St. Croix courtroom, the last Supreme Court victory by the legislature over Evers’ abuse of his executive orders was a 4-3 decision with conservative Justice Brian Hagedorn joining the liberal minority. The composition of the court has changed with the replacement of conservative Justice Dan Kelly with liberal Justice Jill Karofsky, putting the focus back on Hagedorn.
The only sure way for Evers’ emergency order to be overturned, if Vos truly believes that it is unconstitutional, is for the legislature to act.
Let’s concede that Vos is not in an easy position. The latest Marquette University Law School poll showed 72% support a mask requirement in all public places, over 60% in every region of the state, while just 26% disagree with a mask mandate. On the flip side, a plurality of Republicans, 49% to 47%, oppose the statewide mask mandate.
The GOP is in a trap of their own making. Had the legislature acted in August to repeal Evers’ mask mandate order and then passed their own plan to combat the Covid-19 pandemic, they would be in a better place now. Instead, Evers’ is using the leeway granted by the legislature to effectively kill many of Wisconsin’s bars and restaurants to try to contain the outbreak.
And yes, the governor is playing politics with the pandemic. He could meet with legislative leaders to work out a compromise that would pass the legislature.