FABICK v. EVERS

No. 2020AP1718-OA.

956 N.W.2d 856 (2021)

2021 WI 28

Jeré FABICK, Petitioner, v. Tony EVERS, in his Official Capacity as the Governor of Wisconsin, Respondent.

Supreme Court of Wisconsin.

Opinion Filed: March 31, 2021.


Attorney(s) appearing for the Case

For the petitioner, there were briefs filed by Matthew M. Fernholz and Cramer, Multhauf & Hammes, LLP, Waukesha. There was an oral argument by Matthew M. Fernholz .

An amicus curiae brief was filed on behalf of Derek Lindoo, Brandon Widiker, and John Kraft by Richard M. Esenberg , Anthony LoCoco , Luke Berg , and Wisconsin Institute for Law and Liberty, Inc., Milwaukee. There was an oral argument by Richard M. Esenberg .

An Amicus curiae brief was filed on behalf of Wisconsin Legislature by Ryan J. Walsh , John D. Tripoli , and Eimer Stahl LLP, Madison.

For the respondent, there was a brief filed by Hannah S. Jurss , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Hannah S. Jurss .

An amicus curiae brief was filed on behalf of Wisconsin Legislature by Jessie Augustyn and Augustyn Law LLC; with whom on the brief was Steve Fawcett , counsel for the assembly speaker.

JUSTICES: HAGEDORN, J., delivered the majority opinion of the Court, in which ROGGENSACK, C.J., ZIEGLER, and REBECCA GRASSL BRADLEY, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a concurring opinion, in which ROGGENSACK, C.J., joined. ANN WALSH BRADLEY, J., filed a dissenting opinion, in which DALLET and KAROFSKY, JJ., joined.


¶1 Over the last year, a dangerous new virus has spread throughout the world, disrupted our economy, and taken far too many lives. In response, Governor Tony Evers declared multiple states of emergency under Wis. Stat. § 323.10 (2019-20),1 triggering a statutory grant of extraordinary powers...

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