Wisconsin Supreme Court overturns governor’s mandatory mouthpiece order

Wisconsin residents party at a bar; Democratic Governor Evers’ mandatory masking order overturned by the state’s Supreme Court.

The Wisconsin Supreme Court on March 31 overturned a mandatory statewide mask order issued by Democratic Governor Tony Evers.

The Wisconsin Supreme Court currently has a majority of conservative justices, and the decision to review the legality of the mask mandate was overturned by conservative justices by a 4-3 margin.

The state Supreme Court held that the governor’s unilateral extension of the muzzling injunction issued last August was illegal, and that if it was to be extended, it should be agreed to by the state legislature. State Supreme Court Justice Brian Hagedorn wrote in his opinion, “The issue in this case is not the wisdom of the governor’s decision, but the legality of the governor’s decision. In its discretion, this Court finds it unlawful.”

Republican lawmakers welcomed the ruling, with State Senate Majority Leader Devin LeMahieu saying the governor had abused his power and that the ruling established the basis for separation of powers. State House Speaker Robin Vos also said people and civil society have the right to decide what’s best for them, “without the state telling them what to do.”