Wisconsin Republican leaders sue over Safer at Home order extension

(The Center Square) – When Wisconsin workers can go back to work could soon be in the hands of the state's Supreme Court. 

Top Republican lawmakers on Tuesday filed a lawsuit to strike Gov. Tony Evers' order that the state's Department of Health Services' secretary-designee extend his Safer at Home order.

"Purporting to act under color of State law, an unelected, unconfirmed cabinet secretary has laid claim to a suite of czar-like powers – unlimited in scope and indefinite in duration – over the people of Wisconsin," the lawsuit begins. "By the time the Secretary sees fit to lift her decree (be it in five weeks or eight months), many Wisconsinites will have lost their jobs, and many companies will have gone under."

The 80-page filing states that DHS Secretary-designee Andrea Palm exceeded her authority and acted in an "arbitrary and capricious" manner by extending the governor's order until May 26. 

Evers first declared a public health emergency in Wisconsin on March 12 because of the coronavirus. The order runs for 60 days, which would make its last day May 11.

Evers added conditions to his order several times in March. For example, he limited gatherings to no more than 50 people on March 16. A day later, he issued a new order limiting crowds to no more than 10. 

The governor then issued his Safer at Home order on March 24. That order closed most businesses in the state and told people to stay at home. That order was set through April 24.

On April 16, Evers extended that order to May 26. 

Republican lawmakers said from the beginning that Evers needed their permission to extend his public health emergency and Safer at Home order beyond its original 60 days. 

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The lawsuit filed Tuesday reiterates that point. 

"The Governor’s state of emergency shall not exceed 60 days, unless the state of emergency is extended by joint resolution of the legislature," the lawsuit quotes state law as saying. 

Strictly speaking, Evers didn't extend his order to May 26. DHS Secretary-designee Palm did. 

The lawsuit cites state statute to say she overstepped her bounds as well. 

"The Governor’s chief legal counsel has asserted that DHS has 'ongoing powers that are not dependent on a state of emergency' declaration. The Department may also have decided not to rely on Executive Order 72 because the state of emergency will expire on May 11, and the Governor cannot extend it without legislative approval," the lawsuit states. "Thus, DHS has waived any reliance on the Governor’s emergency powers."

Evers and his lawyers said when they announced the most recent extension that they are confident their order is legal and well within their power. 

Wisconsin Democrats tweeted Tuesday the Republicans' lawsuit is dangerous. 

"Let's be clear about one thing. If Republicans are successful, people will die," their tweet read.  

The Republican lawsuit asks the Wisconsin Supreme Court to freeze the extension and allow the state to go back to work. The lawsuit does ask for six extra days for DHS to come up with new rules that are in line with state law.