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An emergency petition filed with the court accuses Evers’ administration of going beyond the executive branch’s statutory powers.
“The public outcry over the Safer at Home order continues to increase as positive COVID cases decrease or remain flat,” Speaker Robin Vos and Senate Majority Leader Scott Fitzgerald said in a statement. “Wisconsinites are forced to sit by with no voice in the process. Other Midwestern states with more confirmed cases, like Ohio, have set firm dates to begin a phased reopening far earlier than the Evers administration.”
The legislature is asking the court to block the order for six to allow for a new order that complies with state law. Ever extended the existing order through May 26 and canceled classes for the remainder of the school year last week.
The filing said Wisconsin residents have been harmed financially — in addition to increased mental stress and anxiety — as a result of being forced to stay home.
“Such a stay would fairly accommodate the parties’ mutual interest in preserving the status quo and ensuring no disruption to the state’s efforts to control the spread of COVID-19,” the filing states.
The number of COVID-19 cases has decreased statewide since the order was enacted, Evers said in his extension announcement.
His office did not immediately return messages from Fox News for comment.
Vos and Scott called the decision an “abuse of power” that left lawmakers no choice but to ask the state Supreme Court to intervene.
“Wisconsinites deserve certainty, transparency, and a plan to end the constant stream of executive orders that are eroding both the economy and their liberty even as the state is clearly seeing a decline in COVID infections,” they said.
As of Tuesday, Wiscon recorded 4,620 coronavirus cases, including 242 deaths, according to the Wisconsin Department of Health Services.
The legal challenge comes as several states continue to weigh lifting restrictions and reopening their economies. Protesters have gathered in several state capitols to demand the rolling back of stay-at-home orders and social distance measures.
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