WISCONSIN LEGISLATURE v. PALM

No. 2020AP765-OA.

942 N.W.2d 900 (2020)

2020 WI 42

WISCONSIN LEGISLATURE, Petitioner, v. Secretary-Designee Andrea PALM, Julie Willems Van Dijk and Lisa Olson, in Their Official Capacities as Executives of Wisconsin Department of Health Services, Respondents.

Supreme Court of Wisconsin.

Opinion Filed: May 13, 2020.


Attorney(s) appearing for the Case

For the petitioners, there was a petition and reply filed by Eric M. McLeod , Lane E.B. Ruhland and Husch Blackwell LLP, Madison and Ryan J. Walsh , John K. Adams , Amy Miller and Eimer Stahl LLP, Madison. There was an oral argument by Ryan J. Walsh , Madison.

For the respondents, there was a response filed by Colin A. Hector , Thomas C. Bellavia , Colin R. Stroud , Hannah S. Jurss , Steven C. Kilpatrick , assistant attorneys general, and Joshua L. Kaul , attorney general. There was an oral argument by Colin Thomas Roth , assistant attorney general.

An amicus curiae brief was filed on behalf of The Tavern League of Wisconsin by James A. Friedman , Zachary P. Bemis , Maxted M. Lenz and Godfrey & Kahn, S.C., Madison.

An amicus curiae brief was filed on behalf of Wisconsin Faith Voices for Justice by Stephen E. Kravit , Benjamin J. Glicksman and Kravit, Hovel & Krawczyk, S.C., Milwaukee.

An amicus curiae brief was filed on behalf of Americans for Prosperity — Wisconsin by Matthew M. Fernholz and Cramer, Multhauf & Hammes, LLP, Waukesha and Eric R. Bolinder , pro hac vice, Arlington, Virginia.

An amicus curiae brief was filed on behalf of Wisconsin Manufacturers and Commerce and Wisconsin Dairy Alliance by Robert I. Fassbender and Great Lakes Legal Foundation, Madison and Corydon J. Fish , Madison.

An amicus curiae brief was filed on behalf of Wisconsin Public Health Association, Wisconsin Nurses Association, Wisconsin Chapter of American Academy of Pediatrics and Other Healthcare Amici Curiae by Jeffrey A. Mandell and Stafford Rosenbaum LLP, Madison.

An amicus curiae brief was filed on behalf of Legal Scholars as Amici Curiae by Miriam Seifter and Robert Yablon of the University of Wisconsin Law School and Barry J. Blonien and Boardman & Clark LLP, Madison.

An amicus curiae brief was filed on behalf of Wisconsin Association of Local Health Departments and Boards and Associated Municipalities and Counties by Paul V. Gagliardi , Salem.

An amicus curiae brief was filed on behalf of 24 Wisconsin Community, Advocacy, Labor and Membership Organizations by Douglas M. Poland and Rathje Woodward LLC, Madison and Richard Saks and Hawks Quindel, S.C., Milwaukee.

An amicus curiae brief was filed on behalf of Hunter Nation, Wisconsin Lakeshore Business Association, Sport-Fishing Guides and Individual Anglers by Adam M. Jarchow and Jarchow Law, LLC, Clear Lake.

An amicus curiae brief was filed on behalf of Legal Action of Wisconsin, Inc. by Amanda C. Aubrey , Carlos N. Bailey and Robert Bebb Held , Madison.

An amicus curiae brief was filed on behalf of Americans for Prosperity — Wisconsin by Matthew M. Fernholz and Cramer, Multhauf & Hammes, LLP, Waukesha and Eric R. Bolinder , pro hac vice, Arlington, Virginia.

An amicus curiae brief was filed on behalf of Disability Rights Wisconsin, The Arc Wisconsin, The Arc and Disability and Aging Organizations by Elaine J. Goldenberg , pro hac vice, Brendan B. Gants , pro hac vice and Munger, Tolles & Olson LLP, Washington D.C. and Kristin M. Kerschensteiner , Madison and Lauren C. Barnett , pro hac vice and Munger, Tolles & Olson LLP, Los Angeles, California and Shira Wakschlag , pro hac vice, Washington, D.C.

An amicus curiae brief was filed on behalf of Milwaukee Teachers' Education Association, Madison Teachers, Inc., SEIU Healthcare Wisconsin, and Amalgamated Transit Union Local 998 by Lester A. Pines , Tamara B. Packard , Christa O. Westerberg and Pines Bach LLP, Madison.

An amicus curiae brief was filed on behalf of Independent Business Association of Wisconsin, Double Decker Automotive, Inc. and Shear Xcellence, LLC by Richard M. Esenberg , Luke Berg , Anthony LoCoco , Lucas Vebber and Wisconsin Institute for Law and Liberty, Inc., Milwaukee.

An amicus curiae brief was filed on behalf of Washington County, Wisconsin by Bradley S. Stern , county attorney, West Bend.

ROGGENSACK, C.J., delivered the majority opinion of the Court, in which ZIEGLER, REBECCA GRASSL BRADLEY, and KELLY, JJ., joined. ROGGENSACK, C.J., filed a concurring opinion. REBECCA GRASSL BRADLEY, J., filed a concurring opinion, in which KELLY, J., joined. KELLY, J., filed a concurring opinion, in which REBECCA GRASSL BRADLEY, J., joined. ANN WALSH BRADLEY, J., filed a dissenting opinion, in which DALLET, J., joined. DALLET, J., filed a dissenting opinion, in which ANN WALSH BRADLEY, joined. HAGEDORN, J., filed a dissenting opinion, in which ANN WALSH BRADLEY, and DALLET, JJ., joined with respect to ¶¶198-258.


¶1 This case is about the assertion of power by one unelected official, Andrea Palm, and her order to all people within Wisconsin to remain in their homes, not to travel and to close all businesses that she declares are not "essential" in Emergency Order 28. Palm says that failure to obey Order 28 subjects the...

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