Suit says COVID orders are unconstitutional

The Brillion News

Note: This is brief of a detailed article that will appear in the May 14 print edition of The Brillion News

The Brillion News

MADISON – The Supreme Court of Wisconsin accepted a lawsuit challenging the constitutionality of Emergency Order 28, which was issued by state Secretary-designee of Health Service to extend the emergency proclamation of Governor Tony Evers.

The suit accuses Palm of issuing an order that infringes on rights protected by the State of Wisconsin Constitution.

Specifically, the suit says that Palm’s EO28 infringes on the rights of freedom and worship and liberty of conscience (Article 1, Section 8 of the Wisconsin Constitution), the rights of freedom of speech and assembly (Article 1, Sections 3 and 4), and the right to travel by ordering that “all forms of travel are prohibited, except for Essential Travel as defined in the Order.”

“The liberties protected by the Wisconsin Constitution are not fair-weather rights,” the motion’s Memorandum in Support said.


In effect, the suit says that no emergency of any kind may restrain the freedoms guaranteed to all by the constitution. Period.

The introduction to the lawsuit says “No one doubts the seriousness of the current public health crisis caused by the COVID-19 pandemic” but it also says that EO28 “includes restrictions that are simply irreconcilable with the founding constitutional commitments of this State.”


“Restrictions as profound and intrusive as these must be subjected to the most rigorous level of constitutional scrutiny. But they cannot survive even basic scrutiny,” the lawsuit said.

The suit said EO28 is also overly broad.

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