Scott Olson / Getty ImagesA table is blocked off for social distancing at the Someplace Else II bar and restaurant in Elkhorn, Wisconsin, on May 15. (Scott Olson / Getty Images)
In a rebuke to Democratic Gov. Tony Evers, the Wisconsin Supreme Court has ruled that he exceeded his authority when he imposed capacity limits on restaurants, bars and other businesses last fall without the approval of the state’s GOP-controlled Legislature.
In a 4-3 opinion filed Wednesday, the court said Evers should have gone through the legislative rulemaking process when he limited the size of indoor public gatherings to 25 percent capacity.
In so doing, the Supreme Court upheld a lower court decision asserting that Evers does not have unfettered power to unilaterally impose sweeping coronavirus restrictions without going through the proper legislative channels.
This is the latest blow to overreaching state governors who are trying to rule by fiat