The Wisconsin Supreme Court granted a motion to bypass in Becker v. Dane County, meaning the Wisconsin Supreme Court will hear and decide the case brought by two Dane County residents and a Dane County business challenging the authority of the county health officer to issue sweeping orders without approval by the Dane County Board. The Wisconsin Institute for Law & Liberty (WILL) filed this case in January 2021 in response to a series of emergency orders from Public Health of Madison and Dane County (PHMDC) that restricted and regulated life and commerce in Dane County.
The Wisconsin Supreme Court will schedule oral arguments at a later date.
WILL Deputy Counsel, Luke Berg, said, “This case presents the Court with an opportunity to clarify that local health officers cannot unilaterally issue orders that restrict daily life without approval from a legislative body. The Dane County Board cannot pass the buck and allow an unelected health officer to issue whatever orders she sees fit.”
