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.
a survey of 2000 voters that shows public faith in 27 key democratic principles — ranging from the independence of the judiciary to constitutional limits on executive power — has declined across the board.
.. from September 2017 to January 2018, voters’ assessments of the ability of the courts, Congress and the Constitution to “effectively check executive power dropped by 7-8 percentage points.”
.. If scholars are right that erosion proceeds on a piecemeal basis, and that the first steps often entail targeting democracy’s “referees,” then our results regarding declines in judicial independence and support for a free press are especially disturbing.
.. On Monday, he charged that Democratic members of the House and Senate were treasonous in their failure to applaud him during his State of the Union address. In a speech in Blue Ash, Ohio, Trump described how he saw it:
You’re up there, you’ve got half the room going totally crazy, wild — they loved everything, they want to do something great for our country. And you have the other side, even on positive news — really positive news, like that — they were like death and un-American. Un-American. Somebody said, “treasonous.” I mean, yeah, I guess, why not? Can we call that treason? Why not?
.. Iyengar posed the following hypothetical:
Let’s assume that Mueller uncovers evidence of collusion and close associates of the Prez are implicated. Republicans are likely to deny the validity of the charges on the grounds that the investigators are biased and Republicans in Congress, as they’ve repeatedly demonstrated, will stick by Trump since the base is with him. Trump, of course, will continue with the ‘hoax’ narrative, and his surrogates in the media will be only too happy to back him up. At that point, we will have a very real threat to the rule of law.
.. Trump’s attacks on the F.B.I. are a case study in his polarization strategy. Since its founding in 1908, the F.B.I. has had substantial popular support, especially among Republicans.
.. Polarization by party identity is so powerful at the moment that most voters see the world through thick red and blue lenses. Almost everything is politicized. And, in almost every study I have run, I find that Republicans are more intense partisans than Democrats on average. We’ve seen partisanship color Republican evaluations of the FBI (negatively) and Russia and Putin (positively).
.. Trump has a negative 40-55 percent approval rating, but it’s “his best overall score in seven months.”
.. Seventy percent of voters described the economy as excellent or good, the highest since 2001
.. in politics, “what matters in the economy is real disposable income over the 6-12 months before an election.”
.. the future of democracy in America during the Trump administration depends as much or more on unemployment, take home pay, the Dow Jones industrial average, tax rates and the gross domestic product as on principled support for the rule of law.
.. as the investigation by the special counsel, Robert Mueller, continues to pursue lines of inquiry reaching deep into the White House, Trump will have plenty of opportunities in the near future to push the envelope on the rule of law.
.. I see the Democrats poised right now to make net gains of about 10 to 14 seats. They need 25 or so depending on vacancies.
.. Franklin Roosevelt’s seeking of a third (and then a fourth) term is among the most important norm violations in American political history. He hadn’t been dead for two years before both chambers of Congress proposed the 22nd amendment to limit presidents to two terms.
.. After Lincoln’s use of emergency powers to flex presidential power in ways not previously seen, Congress fought back against his successor, Andrew Johnson. More of his vetoes were overridden (15) than for any other president and Congress limited presidential influence over executive branch employment by passing the Tenure of Office Act (1867).
.. Trump won the Republican nomination and the presidency by conducting a campaign directly challenging the notion that the electorate will punish a politician for “violating accepted constitutional arrangements.”
.. If Republicans retain control of both branches of Congress in 2018 — even if by just one vote in the House and a 50-50 split (with Vice President Pence the tiebreaker) in the Senate — Trump will claim vindication. His assault on the pillars of democracy will continue unabated, with increasingly insidious effect.
Vice President Pence’s obsequiousness at a recent Cabinet meeting — “Thank you for seeing, through the course of this year, an agenda that is truly restoring this country. . .” and on, and on — might be appropriate at a Communist Party Central Committee meeting or at a despot’s birthday party.
.. The divestment of self-respect is a qualification for employment in the Trump administration. Praising the Dear Leader in a Pence-like fashion seems to be what the Dear Leader requires — not in the way we might need dessert after dinner, but in the way an addict needs drugs.
.. President Trump divides the world into two categories: flunkies and enemies. Pence is the cringing, fawning high priest of flunkiness
.. Any Republican president from the 2016 primary field would have appointed conservative judges, continued the offensive against the Islamic State, and cut taxes and regulations. (He or she would also, in all likelihood, have succeeded at an Obamacare replacement.)
.. Trump spent the political capital of his first year — the highest it will ever be — on a few, generic GOP goals.
- .. Trump has tried to undermine the credibility of important institutions — the courts, the FBI, intelligence agencies, the media — that check his power and expose his duplicity.
- He has used his office (and Twitter account) to target individual Americans for harm without due process.
- He attacks the very idea of truth in a daily torrent of despicable lies.
- The moral authority of the presidency is in tatters.
- He has made our common life more vulgar and brutal, and complicated the moral education of children.
- Racists are emboldened and included in the GOP coalition.
- He has caused a large portion of Republicans to live in an alternate reality of resentment and hatred,
- which complicates the possibility of governing and is likely to discredit the party among the young, minorities, women and college-educated voters for decades to come.
.. Almost all of Trump’s accomplishments are the work of traditional Republican policy staffers and congressional leaders. Almost all of Trump’s failures are functions of his character. And that isn’t going to change.
Mr. Trump’s foreign policy reflects his instinct for political realignment at home, based on celebrity populism.
.. First, it professes to reflect the will of a scorned people.
.. Second, populism finds and blames enemies, domestic or foreign, who thwart the people’s will. Mr. Trump has mastered insulting such scapegoats.
.. Third, populism needs “the leader,” who can identify with and embody the will of the people. Like other populist leaders, Mr. Trump attacks the allegedly illegitimate institutions that come between him and the people. His solutions, like those of other populists, are simple. He contends that the establishment uses complexity to obfuscate and cover up misdeeds and mistakes. He claims he will use his deal-making know-how to get results without asking the public to bear costs.
.. Mr. Trump’s foreign policies serve his political purposes, not the nation’s interests
- .. He says the U.S. needs to build a wall to keep Mexicans at bay—and Mexico will pay for it. He asserted he would
- block Muslims from coming to America to harm us.
- His protectionist trade policies are supposed to stop foreigners from creating deficits, stealing jobs, and enriching the corporate elite.
- Mr. Trump also asserts that U.S. allies have been sponging off America. T
- he U.S. military is supposed to hammer enemies and not bother with the cleanup—even if the result, for example in Syria, is an empowered axis of Iran, Shiite militias, Hezbollah and Bashar Assad’s regime.
.. The president’s emphasis on discontinuity—breaking things—demonstrates action while disparaging his predecessors.
.. His style of deal-making prizes uncertainty and brinkmanship, which risks escalation, without a plan for what comes next.
.. Other presidents led an alliance system that recognizes U.S. security is connected to mutual interests in Europe, the Asia-Pacific region and the Middle East. Past presidents believed that the U.S. economy would prosper in a world of expanding capitalism
.. Mr. Trump dismisses this U.S.-led international system as outdated, too costly and too restrictive of his case-by-case deal-making.
- .. Trump disdains America’s intelligence agencies and is
- dismantling the State Department. His foils at home are
- the courts,
- the press, a clumsy
- Congress beholden to antiquated procedures, and even
- his own Justice Department.
.. Mr. Trump’s recent trip to Asia reveals that foreigners have taken his measure. They play to his narcissism. He in turn basks in their attention, diminishes his own country by blaming past presidents, and preens with promises of great but unspecified things to come.
.. The president’s need to project an image of personal power—for his domestic audience and his ego—makes him more comfortable with authoritarian leaders. Presidents Xi Jinping, Vladimir Putin and Rodrigo Duterte have noticed, as has part of the Saudi royal family.
.. Sixty percent say alliances with Europe and East Asia either are mutually beneficial or mostly benefit the U.S. Record numbers say international trade is good for consumers (78%), the economy (72%) and job creation (57%). Some 65% support providing illegal immigrants a path to citizenship, and only 37% characterize immigration as a critical threat. All these numbers have shifted against Mr. Trump’s positions since the election.