The Supreme Court of Wisconsin Wants to Overturn COVID Restrictions With Fox Style Arguments
The Supreme Court of Wisconsin was heavily criticized in April for forcing in person voting during the COVID-19 pandemic. According to the Milwaukee Journal Sentinel, at least 50 people who participated in that days vote tested positive for the Coronavirus.
The move also backfired on the right-leaning Supreme Court as left-leaning judge Jill Karofsky captured a seat. She doesn’t take office until July, though and the court’s conservatives are still trying to beat back the state’s COVID-19 fight with Fox News style arguments.
The court is currently hearing arguments on Wisconsin Legislature v. Palm which concerns the current stay at home order.
Justice Rebecca The Kennedy asked, “Where in the Constitution, did the people of Wisconsin confer the authority on a single unelected cabinet secretary to compel almost six million people to stay at home and close their businesses and face imprisonment if they don’t comply?“
Kennedy followed with another claim that appears often on Fox News: that COVID-19 is similar to the flu. She continued, “The logical consequence of your argument counsel is that [Palm] could step in and do this every single flu season every year because the flu kills tens of thousands of people in America every year, and that’s a communicable disease.”
Justice Daniel Kelly, who was defeated by Korofsky also attempted to challenge Assistant Attorney General Colin Roth. He asked, Your position, is that the secretary can identify behavior that is not otherwise criminal and she can, all by herself, sit down at her computer keyboard, write up a description of behavior, and make it criminal. Correct?”
Despite the accusations being levied, Roth had a simple response. “The Constitution provides that the legislature may enact statutes to protect the public health. And that is exactly what the legislature has done.”
You can read a more detailed report of the hearings here