Wisconsin, Legislature, Secretary discussed on The Mark Belling Show
On this after this break. Up Thirty W I. Mark belling late afternoon. Show have my hands on the ruling the justice. Should this afternoon the concentrate? Supreme Court striking down specifically. The order issued by health and Human Services Secretary or how services secretary. Andrea POB that put in place all of these rules that restrict the activities of Wisconsin. It's I'm going to share with you and we're doing this a little bit on the fly from the ruling that was authored by Chief Justice Pat Rogan sack. I let me give you the help. Pay Your bills cash contest state. State, word remember there's no rush on this. If you want to hear my reading of some of the components of the rolling like you haven't till six, o'clock detects the word and just remember the word, it's home, H., o., m. e. home anytime between now and six texts that into two, hundred, two hundred. You get a text confirming entry plus iheartradio Info Standard Data and message rates apply. In this nationwide contest I'm now going to quote the rulings very long as one hundred sixty one pages, and it includes that descend. But I've gotta read from early out of the ruling again authored by the chief justice. We conclude that emergency order twenty. Eight is a rural under the controlling precedent of this court, and then they sight a precedent, which is for those of your lawyers, citizens for sensible zoning INC versus DNR, and therefore is subject to statutory emergency rulemaking procedures established by the legislature. Emergency Order Twenty eight is a general order of general application within the meaning of his concent- statutes. because. Let me, read this. There's some Gobbledygook in here. According to the rulemaking procedures of Wisconsin, statutes, they were required to be followed during the promulgation of order twenty eight, because they were not emergency order twenty twenty-eight is unenforceable. Furthermore Wisconsin Statutes require that emergency. Order Twenty. Eight be promulgated using the procedures established by the legislature for rulemaking, if criminal penalties were to follow as we fully explained below. Because Palm did not follow the law and creative order twenty-eight, there could be no criminal penalties for violation of her order. The procedural requirements if Wisconsin Statutes must be followed. Because they safeguard all people. We do not conclude the palm was without any power to act in the face of this pandemic, however palm, and again that's everts his health services secretary, who or issued the order, however Powell must follow the law that is applicable to statewide emergencies. We further conclude that palms order confining all people to their homes, forbidding travel and closing businesses exceeded the Statutory Authority under Wisconsin Statutes upon which palm claims to rely. The order then goes on and deals with the background of the case and so on and. As I, said a very very long order and discusses all of the things that the. Rule from Secretary Palm. Came up with I'm now going to get into the area where they discuss the overview of the case, review this controversy now under our original jurisdiction founded the Wisconsin Constitution, and then they state the reason that they have the right to go into this in. The dispute in this case involves whether the secretary designate dhs. Val Services issued an order in violation of the laws of Wisconsin in order that impacts every person of Wisconsin as well as persons who come into Wisconsin. In every non essential business. Exercising original jurisdiction is appropriate in this case. Palm has contended the legislature does not have standing to invoke our original jurisdiction for these claims they then go on to make the case that the Supreme Court ruling does that they do have the standing to be able to rule in this case, the crux of the legislatures claim is that Emergency Order Twenty eight was promulgated without following required statutory procedures applicable to an emergency and his so doing palm impinged upon the legislatures, constitutional. Court power now what they are going into. Is there suggested in the court is ruling? That Secretary Palm exceeded her authority by not including the legislature in the passing of this rule. Remember that the Department of Health Services Secretary by law and Wisconsin has the authority. To issue orders? Within an emergency, the Supreme Court is ruling that she exceeded her authority in this regard. And issued a ruling the took upon her as Iverson's designate. Than the law allows now we're obviously going to be discussing this and the ramification of it. And what does it mean? And where do we go from here now that the order has been struck down by Wisconsin's highest court, so we're going to put pick up at that point when we come back in the next segment. I will because I'm sure it's the question at the top of everyone's head. Try to respond right now to the question of what does this mean right now? It means that any rule that comes from the IRS administration on this has to be approved by the legislature. It's my contention. That if the legislature doesn't approve a rule, there's no rule. But it does mean that Tony Everts wants to press forward with these kinds of micromanaging orders, he'll have to include the legislature. unaddressed in this is what happens. If individual counties now, I'll try to hand down their own orders, Tom Barrett has said in Milwaukee. I don't care what the Supreme Court does. I'll cut turn right around any shoe. My own order locking down the city of Milwaukee each county has the authority. Of course he issue orders on their own vacant than be legally challenged, but as of the moment. The statewide order issued by the Everts Administration has been struck down and if they want to put anything else in place in the short term, they're going to have to do it. With the approved the legislature. How Evers response remains to be seen. Will they turn around where they ready for this? Will the issue another ordering forty five minutes? Don't know the answer to that. But again the first here The first ramifications, the the first shooter droplets put it that way the Supreme Court has struck down. The expansive rule that was issued by Andrea Palm. The health services secretary. Prior to April, twenty four, th that extended to May twenty sixth, and restricts and regulates all of this activity and Wisconsin the Supreme Court of Wisconsin, ruling this afternoon that. The, Iverson Ministration as Secretary Palm exceeded their authority and went beyond what the law allows them to do will pick up.