Day 70: Wisconsin Mask Battle

With just a month’s worth of days left in President Biden’s first 100, the Wisconsin Supreme Court repealed Governor Tony Ever’s statewide mask mandate. Localities — cities, counties — may still impose their own orders.

In a 4-3 vote, the conservative-leaning judicial body struck down the Democratic governor’s efforts, citing Evers’ need for legislative approval to continue extending a 60-day emergency health order first issued by his office in August 2020. The most recent extension was set to expire this month.

“The question in this case is not whether the governor acted wisely; it is whether he acted lawfully. We conclude he did not,” Justice Brian Hagedorn wrote.

Wisconsin has suffered some 636,000 cases and 7,316 deaths as of today — one of the top 20 hardest hit states.

“Here's the truth: We know that wearing face coverings can save lives and prevent death; we know it's supported by science and the CDC; and we know it's supported by more than 40 statewide organizations and the 72% of Wisconsinites who agree face coverings should be worn in public places,” Evers said in February.

Dane County — one of Wisconsin’s top 3 hardest hit and home to its capital, Madison — is grieving 311 deaths and intends to continue mandating masks.

In May, the court struck down Evers’ stay-at-home order.

“This is no run-of-the-mill case,” Justice Ann Walsh Bradley, one of the minority votes, wrote of today’s decision. “We are in the midst of a worldwide pandemic that so far has claimed the lives of over a half million people in this country… Unfortunately, the ultimate consequence of the majority’s decision is that it places yet another roadblock to an effective governmental response to Covid-19.”