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April 6, 2020
2020AP608-OA
Wisconsin Legislature v. Evers
all people should refrain from going to grocery stores or pharmacies——heretofore locations
exempted from stay-at-home orders.4
This was followed the next day by President Donald Trump's warning that the country
could be headed into its "toughest" weeks yet as the COVID-19 death toll mounts.5 Also on
Sunday, United States Surgeon General, Jerome M. Adams, warned that this week will be "our
Pearl Harbor moment, our 9/11 moment, only it's not going to be localized. It's going to be
happening all over the country." In a daunting and foreboding prediction, he explained that this
will be "the hardest and saddest week of most Americans' lives . . . ."6
Consistent with the dire nature of these statements, some members of this court have
previously recognized the unacceptable risk of forcing Wisconsinites to congregate during this
pandemic. See In the matter of an Interim Rule Re Suspension of Deadlines For Non-Criminal
Jury Trials Due to the COVID-19 Pandemic: Public Hearing Notice, No. 20-02, ¶2 (Mar. 31,
2020) (Roggensack, C.J., concurring). Taking Justice Rebecca Grassl Bradley to task for her
dissent, Chief Justice Roggensack wrote, "Certainly, she does not write for the people of
Wisconsin, whom she would require to risk acquiring COVID-19 infections when they appear to
serve in civil jury trials. She does not write for the families of jurors who would be at increased
risk of COVID-19 infections carried home by family members who performed jury service."
Echoing these grave warnings, Wisconsin Governor Tony Evers today issued an executive
order "[s]uspend[ing] in-person voting for April 7, 2020, until June 9, 2020, unless the Legislature
passes and the Governor approves a different date for in-person voting."
On the heels of this executive order, the majority of this court looks reality in the face, but
then turns the other way. Risking the health of our families, neighbors and friends, the majority
mandates that in-person voting in Wisconsin's election must occur tomorrow, April 7. In justifying
its decision, the majority states that the law compels such a result.
4
Jason Slotkin and Barbara Sprunt, "Trump Warns 'One Of The Toughest Weeks Is Ahead, Says
To Brace For 'A Lot Of Death,'" National Public Radio (Apr. 4, 2020),
https://www.npr.org/2020/04/04/826741317/federal-government-implements-relief-as-nationreels-from-coronavirus-pandemic.
5
6
Id.
Dave Michaels, "Surgeon General, Next Week Will Be Hardest, Saddest," Wall Street Journal
(Apr. 5, 2020) https://www.wsj.com/livecoverage/coronavirus-2020-0403/card/1YJjTvtgwgAnGUaW3FLw; Sarah Westwood, "Surgeon General: This week will be
like a 'Pearl Harbor' and '9/11' moment," CNN (Apr. 5, 2020)
https://www.cnn.com/2020/04/05/politics/jerome-adams-coronavirus/index.html.