OCCD

SC

05-18-2020

Response

Comment: Respondent's Letter Response to Petitioner's Supplemental Authority filing of 5/13/2020; Response submitted by Colin Roth Response to Legislature's Supplemental Authority letter; submitted by Atty Roth

OCCD

SC

05-13-2020

Cites

942 N.W.2d 900

OCCD

SC

05-13-2020

Opinion/Decision
Opinion/Decision

Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Kelly, Dallet, Hagedorn
Opinion: Opinion
Decision: Other Pages: 32
Written by: Roggensack, Patience Drake
Roggensack, Patience Drake Wrote Concurring Opinion 3 pages.
Bradley, Rebecca Grassl Wrote Concurring Opinion 22 pages.
Kelly, Daniel Wrote Concurring Opinion 24 pages.
Bradley, Ann Walsh Wrote Dissenting Opinion 4 pages.
Dallet, Rebecca F. Wrote Dissenting Opinion 20 pages.
Hagedorn, Brian K. Wrote Dissenting Opinion 51 pages.
Bradley, Rebecca Grassl Joined Concurring Opinion
Additional Judge Action:of Justice Daniel Kelly
Kelly, Daniel Joined Concurring Opinion
Additional Judge Action:of Justice Rebecca Grassl Bradley
Dallet, Rebecca F. Joined Dissenting Opinion
Additional Judge Action:of Justice Ann Walsh Bradley and Paragraphs 198 - 258 of Justice Brian K. Hagedorn
Bradley, Ann Walsh Joined Dissenting Opinion
Additional Judge Action:of Rebecca F. Dallet and Paragraphs 198 - 258 of Justice Brian K. Hagedorn
Order Text: By the court Palm's Emergency Order 28 is declared, unlawful, invalid and unenforceable.
Rights Declared.
Comment: ROGGENSACK, C.J., delivered the majority opinion of the Court, in which ZIEGLER, REBECCA GRASSL BRADLEY, and KELLY, JJ., joined.

OCCD

SC

05-13-2020

Other Papers

Comment: Return mail for Amy Catherine Miller; 4/29/20 & 5/1/20 CTO

OCCD

SC

05-11-2020

Caption Amended

Comment: Nicole Safar changed to Lisa Olson Notification of Amended Caption

OCCD

SC

05-05-2020

Oral Argument

Comment: at 10:00 a.m. via video/audio conferencing. Parties to present argument. Per court's 5-1-2020 order: amicus parties will not be granted argument time. Attorney Ryan J. Walsh for Petitioner, Attorney Colin T. Roth for Respondents.

OCCD

SC

05-01-2020

Assigned-Oral Argument

OCCD

SC

04-30-2020

Brief of Amicus Curiae
Amicus Brief of Legal Action of Wisconsin, Inc. in Opposition to Emergency Petition for Original Action and to Motion for Temporary Injunction

Filed By: Amanda Aubrey
Comment: Legal Action of Wisconsin. Please note the form and length certification pursuant to Rule 809.19(8)(d) & e-file certification pursuant to Rule 809.19(12)(f) have been added to all briefs.

OCCD

SC

04-30-2020

Response

Comment: Petitioner's Reply to Respondents' Response of 4/28/20 due by 4:00 pm

OCCD

SC

04-29-2020

Brief of Amicus Curiae
Amicus Brief of Wisconsin Faith Voices for Justice
Amicus Brief of Disability Rights Wisconsin, the ARC Wisconsin, the ARC, and Disability and Aging Organizations

Filed By: Kristin Kerschensteiner
Comment: Disability Rights Wisconsin, The Arc Wisconsin, The Arc, and Disability and Aging Organizations.

OCCD

SC

04-29-2020

Brief of Amicus Curiae
Amicus Brief of Wisconsin Manufacturers and Commerce and Wisconsin Dairy Alliance in Support of Wisconsin Legislature's Emergency Petitoin for an Original Action and In Support of the Emergency Motion for Temporary Injunction

Filed By: Robert Fassbender
Comment: Wisconsin Manufacturers and Commerce and Wisconsin Dairy Alliance. Separate Appendix.

OCCD

SC

04-29-2020

Brief of Amicus Curiae
Amicus Brief of Local Health Departments and Boards and Associated Municipalities and Counties

Filed By: Paul Gagliardi
Comment: Wisconsin Association of Local Health Departments and Boards and Associated Municipalities and Counties

OCCD

SC

04-29-2020

Brief of Amicus Curiae
Amicus Brief of Americans for Prosperity

Filed By: Matthew Fernholz
Comment: Americans for Prosperity - Wisconsin

OCCD

SC

04-29-2020

Motion to File Amicus/Non-Party Brief

Filed By: Robert Fassbender
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Great Lakes Legal Foundation and WI Manufacturers & Commerce

OCCD

SC

04-29-2020

Motion to File Amicus/Non-Party Brief

Filed By: Zachary Bemis
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: The Tavern League

OCCD

SC

04-29-2020

Brief of Amicus Curiae
Amicus Brief of Hunter Nation, Wisconsin Lakeshore Business Association, Sport-Fishing Guides, and Individual Anglers in Support of the Emergency Petition for an Original Action and in Support of the Emergency Motion for Temporary Injunction

Filed By: Adam Jarchow
Comment: Hunter Nation, Wisconsin Lakeshore Business Association, Sport-Fishing Guides, and Individual Anglers Appendix Brief of Amicus Curiae (Amicus Brief of Hunter Nation)

OCCD

SC

04-29-2020

Motion to File Amicus/Non-Party Brief

Filed By: Jeffrey Mandell
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Healthcare Amici

OCCD

SC

04-29-2020

Motion to File Amicus/Non-Party Brief

Filed By: Douglas Poland
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Amicus Curiae 24

OCCD

SC

04-29-2020

Motion to File Amicus/Non-Party Brief

Filed By: Barry Blonien
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Legal Scholars

OCCD

SC

04-29-2020

Motion to File Amicus/Non-Party Brief

Filed By: Bradley Stern
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 5-1-2020
IT IS ORDERED that the motions of John Puchner and T.Wall Enterprises Mgt, LLC for leave to file nonparty briefs, amici curiae, are denied. IT IS FURTHER ORDERED that the motion of Washington County for leave to file a non-party brief, amicus curiae, is granted and the brief is accepted for filing
Comment: Washington County

OCCD

SC

04-29-2020

Motion to File Amicus/Non-Party Brief

Filed By: Stephen Kravit
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Wisconsin Faith Voices for Justice

OCCD

SC

04-28-2020

Motion to File Amicus/Non-Party Brief

Filed By: John Puchner
Submit Date: 4-28-2020
Decision: (D) Deny
Decision Date: 5-1-2020
IT IS ORDERED that the motions of John Puchner and T.Wall Enterprises Mgt, LLC for leave to file nonparty briefs, amici curiae, are denied. IT IS FURTHER ORDERED that the motion of Washington County for leave to file a non-party brief, amicus curiae, is granted and the brief is accepted for filing

OCCD

SC

04-28-2020

Other Papers

Comment: Applications for Pro Hac Vice submitted by Lauren C. Barnett, Brendan B. Gants, Elaine J. Goldenberg and Shira Wakschlag

OCCD

SC

04-28-2020

Motion to File Amicus/Non-Party Brief

Filed By: Amanda Aubrey
Submit Date: 4-28-2020
Decision: (G) Grant
Decision Date: 4-28-2020
IT IS ORDERED that the motions are granted and the briefs are accepted for filing.
Comment: Legal Action of Wisconsin and Amended Motion filed 4-28-20

OCCD

SC

04-21-2020

Court Order

PART 1 IT IS ORDERED that respondents, Andrea Palm, Julie Willems Van Dijk, and Nicole Safar, in their official capacities as executives of the Wisconsin Department of Health Services, shall file a response to the petition and the motion by 4:00 p.m. on April 28, 2020. The response shall be filed as an attachment in pdf format to an email addressed to clerk@wicourts.gov. See Wis. Stat. 809.14, 809.80, and 809.81. The respondents shall also mail or deliver a paper original and one copy of the response to the clerk of this court with the following notation on the top of the first page: This document was previously filed via email.; and IT IS FURTHER ORDERED that the petitioner may file a reply in support of the petition and the motion by 4:00 p.m. on April 30, 2020. The filing shall be accomplished in the manner set forth in the preceding paragraph;

OCCD

SC

04-21-2020

Motion for Miscellaneous Relief

Filed By: Ryan Walsh
Submit Date: 4-21-2020
Decision: (O) Other
Decision Date: 5-13-2020
By the court Palm's Emergency Order 28 is declared, unlawful, invalid and unenforceable.
Motion Response
Filed By: Colin Hector
Submit Date: 4-28-2020
Comment: Emergency Motion for Temporary Injunction

OCCD

SC

04-21-2020

Petition for an Original Action

Filed By: Ryan Walsh
Submit Date: 4-21-2020
Decision: (G) Grant
Decision Date: 5-1-2020
IT IS ORDERED that the Emergency Petition for Original Action is granted and this court assumes jurisdiction over this action as to only the following issues:

1. Whether the Department of Health Services (the Department) violated Wis. Stat. 227.24, governing emergency rules, by issuing Emergency Order No. 28 without complying with 227.24s procedures; and

2. Even if the Department did not violate 227.24, whether Emergency Order No. 28 exceeds the Departments authority by closing all nonessential businesses, ordering all Wisconsin persons to stay at home, and forbidding all nonessential travel; and

IT IS FURTHER ORDERED that the court will hear oral argument in this matter at 10:00 a.m. on Tuesday, May 5, 2020. Due to the COVID-19 pandemic, oral arguments before the court will be conducted via videoconferencing. The hearing room will not be open to the public. The public may watch proceedings on the Wisconsin Eye website. Counsel in this case will receive instructions from the Clerks Office prior to the date of the oral argument regarding the procedures for appearing remotely; and

IT IS FURTHER ORDERED that the petitioner and the respondents shall each have forty-five minutes of oral argument time. In addition to addressing the two issues set forth above, the parties may, in their discretion, also address whether a temporary injunction should be issued; and

IT IS FURTHER ORDERED that amici curiae shall not be granted additional oral argument time.

REBECCA FRANK DALLET, J., dissents.


Motion Response
Filed By: Colin Hector
Submit Date: 4-28-2020
Motion Response
Filed By: Ryan Walsh
Submit Date: 4-30-2020
Comment: Affidavit of Ryan J. Walsh filed 4/21/2020 Affidavits of Ryan P. Westergaard and Julie Willems Van Dijk filed 4/28/2020 Affidavit of Ryan J. Walsh filed 4/30/2020 05-01-2022 Court Order Supplemental Affidavit of Ryan P. Westergaard in Support of Respondents' Response to Petition for Original Action