Wisconsin’s Supreme Court on Wednesday rejected the extension of a stay-at-home order by Gov. Tony Evers, siding with Republicans in one of most high-profile challenges of its kind to the emergency authority of a statewide official during the coronavirus pandemic.
Mr. Evers, a Democrat, had extended the prohibition on most travel and operations of nonessential businesses until May 26.
But in a 4-to-3 ruling, the conservative-leaning court said that measure had exceeded the authority given to Wisconsin’s top health official under state law.
“An agency cannot confer on itself the power to dictate the lives of law-abiding individuals as comprehensively as the order does without reaching beyond the executive branch’s authority,” the justices wrote in the ruling.
There have been legal challenges to stay-at-home orders in Michigan, California, Kentucky and Illinois, but none of those were successful in persuading a court to fully strike down the order, as the plaintiffs in the Wisconsin case were.
The ruling, a spokeswoman for Mr. Evers said, appears to immediately end all provisions that have required Wisconsin residents to stay home.
“We’re definitely concerned,” the spokeswoman, Melissa Baldauff, said of the safety and health of residents.
The ruling did not provide a mechanism for a stay so that Republicans and Democrats could reach a compromise on reopening Wisconsin, which the dissenting justices wrote could endanger people in the state.
“The lack of a stay would be particularly breathtaking given the testimony yesterday before Congress by one of our nation’s top infectious disease experts, Dr. Anthony Fauci,” one of the dissenting opinions said. “He cautioned that if the country reopens too soon, it will result in ‘some suffering and death that could be avoided [and] could even set you back on the road to trying to get economic recovery.’”
The Supreme Court’s decision last week in Gundy v. U.S. was deceptively anticlimactic. The vote was 5-3, but there was no majority opinion and the decision made no new law. Justice Samuel Alito’s lone concurrence, however, suggested that a major break with precedent—and a return to the Constitution’s original meaning—will soon be in the offing.
The Constitution’s first clause after the Preamble states: “All legislative Powers herein granted shall be vested in a Congress of the United States.” Since 1935 the justices have ignored that provision and permitted lawmakers to delegate their authority to the executive branch. At issue in this case was a provision of the Sex Offender Registration and Notification Act of 2006, or Sorna, that directed the attorney general to “specify the applicability” of the law’s registration requirements to offenders, like Herman Gundy, whose crimes predated the act. Mr. Gundy, who was sentenced to 10 years in prison for failing to register, claimed this delegation was illegitimate.
The case was heard four days before Justice Brett Kavanaugh’s confirmation. Had Justice Alito dissented, the resulting 4-4 split would have upheld the lower court’s ruling against Mr. Gundy without any opinion being issued. Instead, Justice Alito joined his four liberal colleagues in rejecting Mr. Gundy’s appeal but said he was prepared to switch sides: “If a majority of this Court were willing to reconsider the approach we have taken for the past 84 years, I would support that effort.” A dissent from Justice Neil Gorsuch, meanwhile, set forth the case for nondelegation.
Gundy offered an excellent opportunity to begin reasserting the original constitutional design. Sorna’s delegation of power was extreme. While setting up an elaborate registration system for sex offenders convicted after its enactment, the law granted the attorney general “authority to specify the applicability of the requirements of this subchapter to sex offenders convicted before the enactment of this chapter.” A single official in the executive branch was given the power to impose requirements carrying severe criminal penalties on more than 500,000 Americans, and then to carry them out.
Justice Elena Kagan, who wrote the plurality opinion, struggled mightily to find an intelligible principle. She wrote that the court had interpreted Sorna as requiring applicability “to all pre-Act offenders as soon as feasible.” But as Justice Gorsuch noted, that language appears neither in the statute nor in the Justice Department’s implementing regulations.
If things go as planned, one day soon Chinese trains will pull into Kathmandu, Nepal, on a new railroad built to lessen the landlocked Himalayan country’s dependence on India.
.. It’s time to acknowledge that in raw economic terms China has comprehensively outpaced India. If winning regional influence depends on building ports and railroads abroad, or dazzling visitors with skyscrapers and broad boulevards at home, then India’s prospects look bleak.
Compared with China, however, India remains a bastion of free speech, minority rights and judicial independence. New Delhi ought to play to these traditional strengths by deepening them.
.. On Monday, China blocked HBO.com after comedian John Oliver ran a segment that discussed Mr. Xi’s alleged touchiness about his purported resemblance to Winnie the Pooh.
.. it wasn’t always a certainty that China would pull ahead. According to the World Bank, as recently as 1990 India’s per capita income ($364) was higher than China’s ($318). Paradoxically, China’s communists unleashed market forces more effectively than their democratically elected counterparts in India.
.. Four years ago, Mr. Modi looked set to enact the sweeping reforms India needs to eradicate poverty and catch up with China. But despite a few successes, such as a national goods and services tax and a bankruptcy law that makes it easier to exit a failed business, the Indian prime minister disappointed. He more resembles his lackluster socialist predecessors than a market-friendly East Asian leader.
.. India’s archaic labor laws suppress job growth by making it extremely hard to fire workers during a downturn.
.. With a per capita income of $8,100, the average Chinese is nearly five times as rich as the average Indian. The gap has widened over the past 10 years.
.. 48 of the world’s 100 tallest buildings are in China. None are in India.
.. the ruling Bharatiya has earned a reputation for intimidating reporters with massive lawsuits, pressuring media barons to sack unfriendly editors, and using lap-dog television channels and a vicious troll army to smear political opponents.
Trump, he writes, “would more accurately be described as a ‘radical anti-progressive’” who is “at war with the progressives who have co-opted American civil society.” Moreover, Trump “is willing to go further than any other previous conservative to defeat them.”
.. “Radical anti-progressives” recognize that many institutions—the academy, media, entertainment, and the courts—have been co-opted and corrupted by the left. And as these institutions are not what they once were, they no longer deserve the respect they once had.
.. Trump sees many institutions as fortresses lately captured by radical progressives that must be attacked and besieged if they are to be recaptured and liberated. Cannon deals with three such politicized institutions: the media, the NFL, and the courts.
.. Trump does not attack freedom of the press but rather the moral authority and legitimacy of co-opted media institutions. It is what CNN has become, not what CNN was, that Trump disrespects.
.. These people are political enemies posturing as journalists who create “fake news” to destroy me
.. Before 2016, the NFL was an untouchable. When
- the league demanded that North Carolina accept the radical transgender agenda or face NFL sanctions, the Tar Heel State capitulated. When
- Arizona declined to make Martin Luther King’s birthday a holiday in 1990, the NFL took away the Super Bowl. The Sun State caved
.. Trump delivered a full-throated defense of the flag and called for kicking the kneelers off the field, out of the game, and off the team.
“Fire them!” Trump bellowed.
.. Before Trump, the FBI was sacrosanct. But Trump savaged an insiders’ cabal at the top of the FBI that he saw as having plotted to defeat him.
.. Trump has not attacked an independent judiciary, but courts like the Ninth Circuit, controlled by progressives and abusing their offices to advance progressive goals
.. it let the Supreme Court seize its power over social policy and convert itself into a judicial dictatorship.
.. Trump instead seeks to fight and delegitimize any institution the Left has captured, and rebuild it from the ground up.”
.. Trump supporters who most relish the wars he is waging are the “Middle American Radicals,”
.. After World War II, as it became clear that our long-ruling liberal elites had blundered horribly in trusting Stalin, patriots arose to cleanse our institutions of treason and its fellow travelers.
.. The Hollywood Ten were exposed and went to jail. Nixon nailed Alger Hiss. Truman used the Smith Act to shut down Stalin’s subsidiary, the Communist Party USA. Spies in the atom bomb program were run down. The Rosenbergs went to the electric chair.
.. Liberals call it the “Red Scare.” They are right to do so.
For when the patriots of the Greatest Generation like Jack Kennedy and Richard Nixon and Joe McCarthy came home from the war and went after them, the nation’s Reds had never been so scared in their entire lives.