Jeffrey BECKER, Andrea Klein and A Leap Above Dance, LLC, Plaintiffs-Appellants,
v.
DANE COUNTY, Janel Heinrich and Public Health of Madison & Dane County, Defendants-Respondents.
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An amicus curiae brief was filed by Jessica L. Thompson , Matthew Fernholz , and Pacific Legal Foundation, Arlington, and Cramer, Multhauf & Hammes, LLP, Racine, for the Pacific Legal Foundation and National Federation of Independent Business Small Business Legal Center.
An amicus curiae brief was filed by Brian P. Keenan , assistant attorney general, with whom on the brief was Joshua L. Kaul , attorney general, for Governor Tony Evers and Attorney General Josh Kaul.
An amicus curiae brief was filed by Allison W. Boldt and the University of Wisconsin Law School State Democracy Research Initiative, Madison, for Legal Scholars.
KAROFSKY, J., delivered the majority opinion of the Court with respect to ¶¶1-28 and 44-45, in which ANN WALSH BRADLEY, DALLET, and HAGEDORN, JJ., joined, and an opinion with respect to ¶¶29-43, in which ANN WALSH BRADLEY and DALLET, JJ., joined. HAGEDORN, J., filed a concurring opinion. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion, in which ZIEGLER, C.J., and ROGGENSACK, J., joined.
JILL J. KAROFSKY, J.
¶1 We resolve whether local health officers may lawfully issue public health orders. This suit arises from a challenge to a local health officer's issuance of public health orders to prevent, suppress, and control a communicable coronavirus disease commonly referred to as COVID-19. The case before us does not challenge...
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