Statement by Heartland Director Jeré C. Fabick on WI Supreme Court ‘Mask’ Victory

Published March 31, 2021

ARLINGTON HEIGHTS, IL (March 31, 2021) – The Wisconsin Supreme Court on Wednesday struck down Gov. Tony Evers’ statewide mask mandate, ruling that the Democrat exceeded his authority by issuing the order. The decision was a result of a lawsuit filed by Heartland Institute Director Jeré Fabick, who argued the governor did not have the power to repeatedly declare an “emergency” – and enforce state-wide mask mandates and business restrictions – without approval by the legislature.

The following statement is by Jeré Fabick and can be used for attribution. If you have any additional questions, please contact Heartland Institute Vice President and Director of Communications Jim Lakely at [email protected] or call/text 312-731-9364.

“Today’s decision by the Wisconsin Supreme Court was a victory for the rule of law and the separation of powers. This case was never about partisan politics or masks. Instead, this challenge was brought to ensure that the governor exercise his emergency powers lawfully, something of interest to all citizens of Wisconsin.

“A governor is simply not permitted to continue declaring a state of emergency without legislative approval. This case ensures that future governors—regardless of party and regardless of the reason—must comply with the limits conferred on them by the emergency powers statute and must seek approval from the Legislature to extend a state of emergency declaration.”

The Heartland Institute is a national nonprofit organization founded in 1984 and headquartered in Arlington Heights, Illinois. Its mission is to discover, develop, and promote free-market solutions to social and economic problems. For more information, visit our website or call 312/377-4000.