{"id":"WI-021","kind":"order","level":"court","jurisdiction":"Wisconsin","state":"WI","metro":"","industry":"","agency":"","eco":"","issuer":"Wisconsin Supreme Court (Hagedorn, J.)","authority":"Original action; Wis. Stat. 323.10","instrument":"Fabick v. Evers, 2021 WI 28, No. 2020AP1718-OA","title":"Opinion declaring Executive Orders 82, 90 and 105 unlawful","dateIssued":"2021-03-31","effective":"2021-03-31","end":"","startDate":"2021-03-31","endDate":"2021-09-30","quarters":["2021Q1","2021Q2","2021Q3"],"types":["OTHER"],"addressees":["Governor","Department of Health Services"],"clause":"¶1... 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 \u0027is extended by joint resolution of the legislature,\u0027 and that the legislature may cut short a state of emergency by joint resolution.... ¶44... Therefore, we declare that Executive Orders #82 and #90--both of which declare a public health emergency in response to COVID-19--were unlawful under Wis. Stat. § 323.10. ¶45 We also received a motion and briefing on the lawfulness of Executive Order #105. Based on the legislature\u0027s revocation of Executive Order #104, a power specifically granted to the legislature in Wis. Stat. § 323.10, we declare Executive Order #105 unlawful as well. [n.19: As a necessary consequence, all executive actions and orders issued pursuant to the powers triggered by the emergency declaration are likewise void.]","enforcement":"Declaratory judgment","functions":["ends the statewide face-covering mandate and every order under EOs 82, 90, 105"],"notes":"Fixes the end date of Wisconsin\u0027s last statewide COVID-19 instrument: March 31, 2021.","sourceUrl":"https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf\u0026seqNo=352043","snapshot":"","fileExists":true,"fileBytes":465048,"grade":"primary","character":"","description":"","collection":"WI","url":"/library/WI-021","exhibitUrl":"/exhibit/WI-021","citation":"Wisconsin Supreme Court (Hagedorn, J.), Fabick v. Evers, 2021 WI 28, No. 2020AP1718-OA (Mar. 31, 2021) (Ex. WI-021)","stateName":"Wisconsin","related":["WI-009","DUT-WI-003","DUT-WI-005"]}