Wisconsin Supreme Court strikes down Democratic governor's extended stay-at-home order

The administration had extended the order until May 26

Published: May 13, 2020 6:15pm

Updated: May 13, 2020 7:53pm

The Supreme Court of Wisconsin on Wednesday ruled that the administration of Gov. Tony Evers overstepped its authority in extending the state's stay-at-home order until the end of May, the first instance of a court striking down a coronavirus-related lockdown policy.

The court ruled that Andrea Palm, the secretary of the state's Health and Human Services, had violated state law when she extended the order to May 26. Chief Jusice Patience Roggensack said in the ruling that Palm's order was "unenforceable" because Palm did not follow the proper legal protocols in implementing it.

"Because Palm did not follow the law in creating Order 28, there can be no criminal penalties for violations of her order," Roggensack wrote for the court, further arguing that Palm's directive "confining all people to their homes, forbidding travel and closing businesses exceeded the statutory authority" under state law.

The ruling was delivered with a 4-3 majority.