OT: WI supreme court strikes down governor's stay-at-home order

Submitted by crg on May 14th, 2020 at 9:13 AM

Posting this since MI (and most other states) have a similar dynamic playing out with respect to the conflict over state executive mandated lockdown/closures (to varying extents).

https://www.npr.org/sections/coronavirus-live-updates/2020/05/13/855782006/wisconsin-supreme-court-overturns-the-states-stay-at-home-order

While there is a marked partisan political overtone to this (especially in WI and MI where Republican legislatures are fighting Democrat governors), nationally this is not an exclusive partisan issue (for example, OH Republican state legislature is fighting similar orders by the Republican governor).  It is a more fundamental issue of defining the powers of a state's executive vs legislative branches during times or crisis (as well as what constitutes a time of crisis and how long it can last).  This is getting into some uncharted waters since the nation is not at war, nor are the states under martial law - in a murky gray area that hasn't been much of an issue until late, especially at the state level.

I will not comment on whether the WI court's ruling was right or wrong (not sure there even is a "right" answer), but it is interesting to note that neither side in the case wanted to ruling to go into effect - a stay was requested by the plaintiffs in order to negotiate a compromise but the court refused.  I'm not a professional legal scholar or practitioner, but I think that this recent health crisis will further define (or redefine) aspects of governing at all levels for years to come - with this ruling being the first of many to come (and many likely to be conflicting).

Interesting times.

GoBlueTal

May 14th, 2020 at 3:57 PM ^

I don't care if you think ill of a political party.  I care that you think yours is somehow not up to its own neck in, "propaganda and bullshit". 

National politics is buried in propaganda and bullshit, never doubt that.  All of it.  There's a rare ray of light that escapes because at its core it's supposed to be a source of good, but it's piled up deep in so much bullshit that politicians on both sides swim in it.  The key is not in thinking that your side is lily white, but calling out the fecal piling from any source.  And before you say it, NO, again NO, neither side is failing to do it's share of that scat tossing.  That you think so is what defines you as a bigot.
 

TheCube

May 14th, 2020 at 4:41 PM ^

The 50/50 split bullshit is always the fall back when fence sitting cowards like you want to blame everyone to shirk the feeling of being "mean" to people. 

Right now, in this country, Republicans are the creating vast majority of the issues on the federal level of government. 10-20 years from now when we see the after-effects of these incompetent people, you will come right back and say the same shit. 

The amount of data that is hidden under this administration b/c of how terrified it is that the public will actually see the benefit of how govt intertwines with our daily lives is a travesty. It is sabotage and people like you are fine with it as long as people are "civil." 

The only silver lining here is that these agencies have enough competence left over from prior administrations to navigate themselves for a time being. 

 

GoBlueTal

May 15th, 2020 at 1:06 PM ^

You claim that you're a member of the party that claims one of it's foundational concepts is its open-mindedness - and claim that anyone who isn't closed-minded to the other party is a coward...  That's a ... challenging logical stand to make. I hope you'll understand when I continue to call you a bigot.

HarboSchembaugh

May 14th, 2020 at 6:07 PM ^

Right now, the Republicans are in charge Federally.  Obviously, they can do whatever they want with no repercussions, as Trump has shown with things such as commandeering PPE from states, freeing Flynn, etc.  They decided to put the onus on the states, so they can shift blame amongst Governors and legislators of the opposition party, as opposed to trying to control it federally. They aren't even providing proper guidelines for each state to try and get on the same page.  Its a free for all because our national leaders want it to be.  Yes, Pelosi is a crazy elitist bitch, but she has basically no power right now, so its useless to direct anger at her.  

This country needs a leader, but our leader is currently an under qualified man child.  Jeb Bush would have handled this better. So would Marco Rubio, Kasich, multiple other potential Republican noms.  There are plenty of Democrats who would have handled it better as well.  Unfortunately, we have someone who currently does not have the common mans best interest in mind (not because he wants to reopen, but because no steps were taken to making a reopening safe).  His party is not taking charge where he isn't because they are beholden to him and his supporters.  Its really depressing.

Firstbase

May 14th, 2020 at 12:54 PM ^

18 U.S. Code § 242 (which supersedes any State law under the Supremacy Clause), would seem to pose a problem for our Governor, notwithstanding the novel coronavirus:

"Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death."

joegeo

May 14th, 2020 at 1:24 PM ^

Here's our constitution:

The purpose of our Federal Government, as found in the Preamble of the Constitution, is to "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity."

The purpose of government is.... not what you say it is just because you say it.

s1105615

May 14th, 2020 at 3:14 PM ^

Freedom means the you have the right to make your own determinations...and suffer the consequences of said determinations.  Risk is a normal part of daily life.  People who don’t want to die from lung cancer tend not to smoke.  It’s not a guarantee, but it helps your odds.

Just like I’d not think smoking should be illegal, I also think they should be allowed to risk their own health however they want as well.  I’m happy to let my wife and kids stay home, while I take the brunt of the risk of infection while going to my “essential” job every day.

This whole thing should not be political, but both sides of the aisle are making it more so each day, and would likely be on opposite sides if they felt it would suit them.  

schreibee

May 14th, 2020 at 3:09 PM ^

The solution is to vote, get ppl who agree with you on issues to vote, win elected judgeships, governorships & the White House.

Then, when they appoint judges that rule in favor of your views, you don't call it partisan! That's the other team!

TheCube

May 14th, 2020 at 1:04 PM ^

Wisconsin GOP already took a fat L when they lost their election during the peak of the pandemic for the State SC seat. They can keep taking these Ls for all I care. 
 

Republican Party is trash and if you’re still voting for them, you’re trash. 

Wendyk5

May 14th, 2020 at 1:44 PM ^

There's more to that story, X. The seat was vacated by Katie Hill, who had been the first Democrat elected to that district in 30 years. Prior to that, it was Republican. So the optics may look like it was a huge, unexpected win, but really, it was back to business as usual. California does have pockets of conservatism. 

bluebyyou

May 14th, 2020 at 9:45 AM ^

One problem with legislative approval is the need for calling the legislature into session and the time it takes to conduct business, electronic meeting capability notwithstanding.  There could be situations where time is so much of the essence that you need immediate action.

The problem I see in Michigan is that Whitmer is painting with too broad a brush.  Detroit and three counties that are near Detroit skew CV19  numbers for the entire State.  Southeastern Michigan is not the UP and the need for social distancing in an area with significant contagion and wholesale community spread is not the same as a low density county with one case.

DCGrad

May 14th, 2020 at 10:00 AM ^

In Maryland, our governor has decided to relax the stay at home order and is allowing most counties to open up restaurants, barbershops/salons, non-essential retail etc.  But the counties closest to DC (Montgomery, Prince George, and Howard) are remaining under the stay at home order.  It seems like Governor Whitmer could do this for Michigan pretty easily.

Michigan Arrogance

May 14th, 2020 at 12:24 PM ^

Yes, NYS is broken up into like 10 georaphic regions (NYC, LI, Western, Central, Northern, Finger lakes, Cap Region, southern tier, hudson valley...). To open, each region has to hit 7/7 bench marks that have to do with Hospital capacity & PPE and cases and deaths decreasing on a day to day basis over 2 weeks.

What I haven't been able to find is how they determine how to oepn past Phase 1 (of 4). Schools and all rec activities are phase 4 so I don't think anyone is going to be playing sports or going to school in NYS for about a year.

Naked Bootlegger

May 14th, 2020 at 10:14 AM ^

But what other approach could have been adopted without the woeful lack of testing capabilities and PPE/ventilator shortages when this pandemic first flared up?   

I get it.   Michigan regions outside of Detroit were initially at much lower risk.   But did we have the testing infrastructure to nimbly, strategically, and quickly shut down on a regional basis as infection rates spread?   Absolutely not.   

If somebody can conclusively convince me that we can test and trace effectively, guarantee that medical equipment stockpiles are sufficient, and ICU wards can handle the inevitable uptick in patient loads when isolation standards are loosened, I will absolutely support opening things up in a gradual and sane manner.   And let's remember that rural areas are still not projected to reach their peak C-19 caseloads until early summer.   

FWIW, I live in Wisconsin.  I've always considered myself a rational centrist politically.   But I abhor the politicians (and state supreme court justices) who forced us to vote in an unsafe pandemic environment, while other states opted for the saner and safer approach to postpone spring elections.       

 

rc15

May 14th, 2020 at 10:29 AM ^

The longer you keep locked down, the longer you delay those peaks in rural areas. The purpose of this quarantine was to not overwhelm the hospitals. We've done that. You see the projections of "if we open everything back up now there's going to be a 2nd spike", which could cause the hospitals to be overwhelmed...

Nobody seems to want to project, what if everything goes back to normal, but require masks? What effect does having people continue to work from home if possible have? What effect does people continuing to wash their hands and sanitize better have? Still quarantining people who test positive? Social distance in lines at stores? Both sides seem to think this is an all or nothing thing...

Naked Bootlegger

May 14th, 2020 at 10:41 AM ^

We should congratulate ourselves that, for the most part (NYC and few other areas excepting), our hospital system was not overwhelmed.    Social distancing worked. 

But I am worried that our rural hospital systems have not yet undergone a true stress test.   We've managed to delay the rural infection peaks.   But can you imagine a scenario when we open everything up en masse, then rural infection cases amplify more than current projections?  I can.    

The best case scenario would have been shutting down metro Detroit when this pandemic started, while keeping other areas open but with appropriate social distancing and mask-wearing recommendations while out in public.   Then rolling out more severe shutdowns in outlying areas, as needed.   But that scenario required a testing infrastructure that was not available when governors were forced to make quick public health decisions.   And I'm still not convinced that we have the testing capabilities to adopt strategic regional shutdowns going forward.   Someone please convince me.

Also see comments below regarding a cohesive national strategy.  Lives were lost because our national leadership was, and still is, rudderless.

Harlick

May 14th, 2020 at 11:47 AM ^

Look at rural areas such as South west Minnesota where outbreaks occurred in meat packing plants.  They went from 2 cases as of Easter to 1400 cases for weeks later.   The state of Minnesota set up testing sites in the county and tested the anyone who needed a test.   The hospital systems haven't been stressed at all because nursing homes and long term care facilities weren't infected and now cases are going down.   Rural areas are very isolated and as long as the elderly are protected these surges are avoided

Serth

May 14th, 2020 at 12:16 PM ^

That's what is happening here. Places are re opening but shops are curbside pickup or delivery only. Wearing masks are also strongly encouraged not mandatory like in Los Angeles. PS I wouldn't call that normal. I wouldn't want to behave 'normally' until I know testing was in good shape to test a large amount of people accurately that we still don't promised nearly a month ago by the feds 

GoBlueTal

May 14th, 2020 at 10:51 AM ^

I understand your feelings on the Wisconsin vote.  That wasn't an ideal answer.  I don't want the vote cancelled, but it did feel like a lot of risk for a comparatively small reward.  On the other hand, the mail in vote is a fraud nightmare rife with abuse capacity, so that's not acceptable.  Until/unless a secure method for people to vote online can be built, we have to go somewhere and vote.  I would like to think we're learning enough to be able to make it safe this fall.  Maybe make it a two day process and give people time windows to keep lines down and make them stay 6 feet apart and clorox wipe the voting booths between uses.  There's no perfect, but if we're grown ups and responsible, we can make it reasonable.  

GoBlueTal

May 14th, 2020 at 12:21 PM ^

The statement isn't false.  I'll admit it can be read to a greater or lesser degree of level of problem depending on one's opinions - but it's not in any way false.  You want it to be false, I don't care.  I don't trust it, there's NOTHING you or Hatter or anyone else is going to do to prove to me that it's safer than voting booths (which are themselves able to be abused, but less so and require more collusion of more people to do so).  

Do I think it's usually abused?  No.  Do I think it's easily abused? Not necessarily.  Can I think of a dozen ways off the top of my head for this system to be abused?  YEP!  And if I can, people with a vested interest in doing so can, and will.