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Wisconsin Supreme Court rejects lawsuit filed by @WILawLiberty on behalf of a Dane County gymnastics center and parents of athletes against county health officials over COVID-19 health restrictions.
Decision to reject was 4-3, with conservative justice Brian Hagedorn joining the court’s liberal justices Ann Walsh Bradley, Rebecca Dallet and Jill Karofsky in the majority.
Hagedorn, writing for the majority, laments the number of petitions for original action the Supreme Court has received lately.
"This court is designed to be the court of last resort, not the court of first resort. That is why we have historically been receptive to original
actions only rarely. I hope we return there again."
actions only rarely. I hope we return there again."
"But these are unusual times. The COVID-19 pandemic has raised unique policy and legal challenges," Hagedorn writes.
"Governments around the world and here at home have responded by attempting to exercise power that appears without parallel in my lifetime, exposing already deep disagreements over the role of government. Unsurprisingly, the pushback has been passionate and persistent," he writes
Hagedorn says cases like this should begin in circuit court, for fact finding.
Chief Justice Patience Roggensack responds to Hagedorn, saying the issues at stake require the court to act.
"While this court has recently
received a barrage of petitions to commence original actions, when it is presented to us that fundamental personal liberty is suppressed by an unelected official, we must act," Roggensack writes.
received a barrage of petitions to commence original actions, when it is presented to us that fundamental personal liberty is suppressed by an unelected official, we must act," Roggensack writes.
"Waiting until the matter proceeds through a circuit court and the court of appeals will be justice denied," she writes.
Suit at issue sought to overturn capacity limits. "Because personal liberty interests must be protected when brought to this court's attention ... I would grant the petition," Roggensack writes.
