New suit wants Evers' use of emergency powers against COVID knocked down

The Brillion News


MADISON – The State Supreme Court has given Governor Tony Evers until Thursday, October 22, to respond to a lawsuit filed by Jere Fabick of Waukesha County challenging the governor’s power to issue more than one state of emergency declaration for the same emergency.


The suit was filed on Thursday, October 15.

It said that the governor has the power to declare a state of emergency, but “cannot declare a state of emergency indefinitely.

“The statute limits it to 60 days ‘unless the state of emergency is extended by joint resolution of the legislature,’” the suit said.

It says the state of emergency expired on May 11, sixty days after it was issued, and it was not extended by the state legislature.


The governor declared a second state of emergency related to COVID on July 30 and a third state of emergency on September 22.

The suit maintains that the July and September orders are illegal.

“In issuing two executive orders that extend the state of emergency in response to COVID-19 beyond the 60-day limit in the statute, Governor Evers exceeded his statutory authority under Section 323.10 [of the state statutes],” the suit said.

The suit seeks an order permanently enjoining the enforcement of Executive Orders 82 and 90 and all orders stemming from them; a declaration that the governor has the power to only declare only one single 60-day public health emergency for COVID-19; and further relief, including payment of Fabick’s expenses and attorney fees related to the suit.

The suit said going through county circuit courts and appeals after that would result in an untimely patchwork of rulings by county circuit court judges

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