https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf

Supreme Court Overturns Wisconsin Governor Evers’ Emergency Orders

The Wisconsin Supreme Court ruled to overturn Governor Evers’ multiple emergency orders, including the mask mandate. The oral arguments were held in November and today the Court ruled with a 4-3 vote. The Court agreed with the Wisconsin statutes that a governor cannot extend a public health emergency order beyond 60 days without the Legislature’s consent. You may read the opinion here. The statewide mask mandate has ended but local municipalities still have the option to enforce their own mandates.

Important excerpts:

The question in this case is not whether the Governor acted wisely; it is whether he acted lawfully. We conclude he did not.

¶2 Wisconsin Stat. § 323.10 specifies that no state of emergency may last longer than 60 days unless it “is extended by joint resolution of the legislature,” and that the legislature may cut short a state of emergency by joint resolution.