This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.nytimes.com/2020/05/13/us/coronavirus-wisconsin-supreme-court.html

The article has changed 30 times. There is an RSS feed of changes available.

Version 8 Version 9
Wisconsin Supreme Court Strikes Down Stay-at-Home Order Wisconsin Supreme Court Strikes Down Stay-at-Home Order
(3 days later)
The Wisconsin Supreme Court on Wednesday rejected the extension of the state’s stay-at-home order, siding with Republican legislators in a high-profile challenge of the emergency authority of a statewide official during the coronavirus pandemic.The Wisconsin Supreme Court on Wednesday rejected the extension of the state’s stay-at-home order, siding with Republican legislators in a high-profile challenge of the emergency authority of a statewide official during the coronavirus pandemic.
Gov. Tony 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 court said that Wisconsin’s top health official had not followed the proper process in setting the strict limits for residents.Gov. Tony 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 court said that Wisconsin’s top health official had not followed the proper process in setting the strict limits for residents.
Although the opinion centered on the technical method by which the limits had been set, several conservative justices conveyed their dismay at the restrictions themselves.Although the opinion centered on the technical method by which the limits had been set, several conservative justices conveyed their dismay at the restrictions themselves.
“This comprehensive claim to control virtually every aspect of a person’s life is something we normally associate with a prison, not a free society governed by the rule of law,” Justice Daniel Kelly wrote in a concurring opinion.“This comprehensive claim to control virtually every aspect of a person’s life is something we normally associate with a prison, not a free society governed by the rule of law,” Justice Daniel Kelly wrote in a concurring opinion.
The ruling, Mr. Evers’s office said, appears to immediately end statewide provisions that have required many Wisconsin residents to stay home. Within hours of the ruling, some taverns were making plans for reopening, the governor’s office said.The ruling, Mr. Evers’s office said, appears to immediately end statewide provisions that have required many Wisconsin residents to stay home. Within hours of the ruling, some taverns were making plans for reopening, the governor’s office said.
“This turns the state to chaos,” Mr. Evers said in an interview. “People will get sick. And the Republicans own the chaos.”“This turns the state to chaos,” Mr. Evers said in an interview. “People will get sick. And the Republicans own the chaos.”
More than 10,000 cases of the coronavirus have been identified in the state, a New York Times database shows, and at least 421 people have died.More than 10,000 cases of the coronavirus have been identified in the state, a New York Times database shows, and at least 421 people have died.
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. Wisconsin’s stay-at-home order took effect on March 25 and was extended by the governor on April 16, leading to a protest at the State Capitol.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. Wisconsin’s stay-at-home order took effect on March 25 and was extended by the governor on April 16, leading to a protest at the State Capitol.
During a 90-minute hearing about the order that was conducted over video chat last week, some justices asked tough questions of the lawyer defending the state’s top health official, Andrea Palm. “Isn’t it the very definition of tyranny for one person to order people to be imprisoned for going to work, among other ordinarily lawful activities?” Justice Rebecca Bradley asked.During a 90-minute hearing about the order that was conducted over video chat last week, some justices asked tough questions of the lawyer defending the state’s top health official, Andrea Palm. “Isn’t it the very definition of tyranny for one person to order people to be imprisoned for going to work, among other ordinarily lawful activities?” Justice Rebecca Bradley asked.
In their majority opinion on Wednesday, the justices ruled that Ms. Palm did not follow the proper procedure for setting stay-at-home limits, and should have followed a rule-making process that permits members of the Legislature to provide input.In their majority opinion on Wednesday, the justices ruled that Ms. Palm did not follow the proper procedure for setting stay-at-home limits, and should have followed a rule-making process that permits members of the Legislature to provide input.
“We do not conclude that Palm was without any power to act in the face of this pandemic,” the justices wrote. “However, Palm must follow the law that is applicable to state-wide emergencies.”“We do not conclude that Palm was without any power to act in the face of this pandemic,” the justices wrote. “However, Palm must follow the law that is applicable to state-wide emergencies.”
The ruling appears to leave Mr. Evers and Republican leaders of the State Legislature in a position of negotiating any next steps for limits on businesses amid the pandemic. But their work relations have been extraordinarily tense, and many observers said the possibility of fruitful negotiation seemed remote.The ruling appears to leave Mr. Evers and Republican leaders of the State Legislature in a position of negotiating any next steps for limits on businesses amid the pandemic. But their work relations have been extraordinarily tense, and many observers said the possibility of fruitful negotiation seemed remote.
Mr. Evers, who has already announced plans for a gradual reopening of businesses, said that he hoped to work with Republican lawmakers on next steps, but that in the meantime, he hoped that Wisconsin residents would remain safe, and at home.Mr. Evers, who has already announced plans for a gradual reopening of businesses, said that he hoped to work with Republican lawmakers on next steps, but that in the meantime, he hoped that Wisconsin residents would remain safe, and at home.
“We are in a very perilous place,” he said.“We are in a very perilous place,” he said.
Scott Fitzgerald, the leader of the Republican majority in the Wisconsin Senate, said lawmakers had long been seeking a voice in the conversation about how to respond to the pandemic, but that the governor’s office had, until now, kept them out of the process. “We’re more than willing to sit down with the governor,” he said.Scott Fitzgerald, the leader of the Republican majority in the Wisconsin Senate, said lawmakers had long been seeking a voice in the conversation about how to respond to the pandemic, but that the governor’s office had, until now, kept them out of the process. “We’re more than willing to sit down with the governor,” he said.
For the moment, Mr. Fitzgerald said, residents would use their own judgment. “People understand, if you don’t want to go to church, you don’t go to church,” he said. “If you don’t want to go to work, you don’t go.”For the moment, Mr. Fitzgerald said, residents would use their own judgment. “People understand, if you don’t want to go to church, you don’t go to church,” he said. “If you don’t want to go to work, you don’t go.”
Updated June 5, 2020 Updated June 12, 2020
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
Wisconsin is considered a swing state in November’s presidential election, and for much of the last decade it has been riven by an intense partisan battle.Wisconsin is considered a swing state in November’s presidential election, and for much of the last decade it has been riven by an intense partisan battle.
When Mr. Evers was elected governor in 2018, it set off a sharp battle over the state’s direction on all sorts of policies. Republicans had full control of the state before that, during a period in which they curtailed bargaining rights for many public labor unions and moved the state sharply to the right.When Mr. Evers was elected governor in 2018, it set off a sharp battle over the state’s direction on all sorts of policies. Republicans had full control of the state before that, during a period in which they curtailed bargaining rights for many public labor unions and moved the state sharply to the right.
The Wisconsin Supreme Court, while officially nonpartisan, has long been sharply divided along conservative-liberal lines that are well understood by the state’s voters. As partisan fights boiled over in the State Legislature, they emerged on the court as well, once leading to claims of a physical altercation between justices on opposing sides. Conservatives hold a majority on the court, and they will even after a new justice — a liberal challenger who upset Justice Kelly this spring — is seated in August.The Wisconsin Supreme Court, while officially nonpartisan, has long been sharply divided along conservative-liberal lines that are well understood by the state’s voters. As partisan fights boiled over in the State Legislature, they emerged on the court as well, once leading to claims of a physical altercation between justices on opposing sides. Conservatives hold a majority on the court, and they will even after a new justice — a liberal challenger who upset Justice Kelly this spring — is seated in August.
This week’s court 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 residents.This week’s court 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 residents.
“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,” Justice Ann Walsh Bradley wrote. “He warned against lifting too quickly stay-at-home orders.”“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,” Justice Ann Walsh Bradley wrote. “He warned against lifting too quickly stay-at-home orders.”
Around the state, groups were trying to determine how the opinion would now affect life. A poll of Wisconsin residents released this week by Marquette University Law School found that 69 percent of those surveyed supported the state’s move to close schools and businesses and restrict public gatherings.Around the state, groups were trying to determine how the opinion would now affect life. A poll of Wisconsin residents released this week by Marquette University Law School found that 69 percent of those surveyed supported the state’s move to close schools and businesses and restrict public gatherings.
“Public health experts have been clear that prematurely lifting social distancing measures will have serious and deadly consequences, especially for vulnerable communities,” Chris Ott, the executive director of the A.C.L.U. of Wisconsin, said in a statement. He added, “Emergency orders can be necessary during crises like a pandemic, as long as they are grounded in science and consistent with the need to protect the health, safety, and civil liberties of us all.”“Public health experts have been clear that prematurely lifting social distancing measures will have serious and deadly consequences, especially for vulnerable communities,” Chris Ott, the executive director of the A.C.L.U. of Wisconsin, said in a statement. He added, “Emergency orders can be necessary during crises like a pandemic, as long as they are grounded in science and consistent with the need to protect the health, safety, and civil liberties of us all.”
Rick Esenberg, the president of the Wisconsin Institute for Law and Liberty, which had filed an amicus brief siding with the Legislature, commended the court on Wednesday.Rick Esenberg, the president of the Wisconsin Institute for Law and Liberty, which had filed an amicus brief siding with the Legislature, commended the court on Wednesday.
“The court’s decision ensures that Wisconsin’s response to Covid-19 must involve both the executive and the legislative branch,” Mr. Esenberg said. “Wisconsin will be better for it. The grave nature of the pandemic cannot be used to subvert our very form of government.”“The court’s decision ensures that Wisconsin’s response to Covid-19 must involve both the executive and the legislative branch,” Mr. Esenberg said. “Wisconsin will be better for it. The grave nature of the pandemic cannot be used to subvert our very form of government.”
Monica Davey and Nicholas Bogel-Burroughs contributed reporting.Monica Davey and Nicholas Bogel-Burroughs contributed reporting.