The Wisconsin Supreme Court Misinterprets Emergency Powers

A young woman during the coronavirus outbreak of 2020

Under Wisconsin Law, the governor possesses extremely broad power to issue any order that he or she deems necessary to protect lives and property during a state of emergency.  When responding to an outbreak of a communicable disease, the governor has the specific power to prohibit public gatherings in any place within the state and for any period of time while the emergency is ongoing.  The source of this authority is the power granted to the governor under the Emergency Management Act, which places a duty on the governor to issue orders coordinating the state’s response to a disaster, and the power granted to the Secretary of the Department of Health Services to issue orders forbidding public gatherings during an epidemic.  As the top executive branch official in the State of Wisconsin, Governor Evers has both the statutory authority to direct the state’s emergency response efforts and the constitutional authority to make full use of the power of the state’s administrative departments.  

On April 6, the Wisconsin Supreme Court — its members meeting under emergency procedures intended to protect their own health — issued an order that had the practical effect of requiring Wisconsin voters who had not already received an absentee ballot to visit a polling place on April 7 and vote in person if they wished to cast a ballot in the spring election.

The result of the Court’s ruling in Wisconsin Legislature v. Evers was to place Wisconsin voters in an untenable position. The ruling disenfranchised anyone who wished to shelter at home in order to avoid possible exposure to Covid-19, a deadly communicable disease, if that person lacked either a computer, internet access, a scanner for making a digital copy of their ID, or a witness to verify their absentee ballot.  All of these prerequisites were necessary before a Wisconsin voter could obtain and cast an absentee ballot whilst still sheltering in place. The majority opinion was clear: for anyone who fell into this category, the price of casting a ballot was risking exposure to Covid-19.

The majority opinion in Wisconsin Legislature v. Evers has nothing to do with defending the Rule of Law, and it is a mistake to characterize it in that fashion.  There is nothing in any law passed by the Wisconsin legislature that requires the result announced by the Court. Indeed, had the Wisconsin Supreme Court truly intended to uphold the longstanding statutory scheme relating to government powers in response to an outbreak of communicable disease, the Court would have arrived at a contrary result.

A.      Background

The State of Wisconsin, like the rest of the country, has been engaged in a struggle to contain the spread of a coronavirus known as Covid-19. On March 12, 2020, Governor Tony Evers issued Executive Order 72, declaring a public health emergency in Wisconsin.  This order was part of a series of executive actions taken by Governor Evers and other executive branch officials in order to address public health and safety concerns during the spread of this deadly communicable disease. On March 24, 2020, the Secretary-designee of the Wisconsin Department of Health Services, Andrea Palm, acting at the direction of Governor Evers, issued Emergency Order 12 (the “Safer-at-Home Order”).  That order directed all individuals in Wisconsin to shelter at home, unless engaged in essential activities, until April 24, 2020, or until such time as a superseding directive took effect.

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National Poetry Month: Create Book Spine Poetry

April is National Poetry Month, and this April, particularly, is a perfect time to discover poetry. One way to enjoy poetry is to read it; the other way is to write it.

“Poetry is just the evidence of life. If your life is burning well, poetry is just the ash.” — Leonard Cohen

I’ve found one of the most enjoyable ways to write poetry is to create book spine poetry. Book spine poetry is considered “found” poetry; that is, a poem made up of words from other sources. You, the poet, aren’t writing the words, trying to fit a form, or looking for words that rhyme. Instead, with book spine poetry, you simply arrange books so their titles to create a poem.

books on a bookshelf
Phil Shaw’s book spine poetry.

A timely book spine poem by Phil Shaw made its way around Twitter recently, though author Stephen King was “unconvinced . . . these are real covers.” (Why? The fourth book from the left on the top shelf is supposed to be King’s bestseller It. King points out that the artwork seems wrong and his name is misspelled.)

Still, Shaw’s quarantine project got me working on my own book spine poems. While I have a pretty full bookshelf at work, I have even more books at home. And more variety. I’ve had fun throwing together some poems. It’s easier than trying to find a word that rhymes with “quarantine.”

a stack of books
One of Professor Mazzie’s book spine poems.

What can you create? Send pics of your book spine poetry to me and we’ll create another post with all the submissions.

UPDATE (4/17/2020): Student Affairs Specialist Sarah DiStefano and I both had cats on the brain when we created these poems.

books on a table
Professor Mazzie’s poem on “What Cats Think.”

Thanks for sharing, Sarah!

books on a shelf
Poem by Sarah DiStefano, Student Affairs Specialist

 

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Real-time Control of Stormwater Management Systems

Real-time Control of Stormwater Management Systems

Earlier this week the Notre Dame Journal on Emerging Technologies published Overcoming Legal and Institutional Barriers to the Implementation of Innovative Environmental Technologies, a paper I co-authored with Dr. Walter McDonald of the Department of Civil, Construction and Environmental Engineering (CCEE) in Marquette’s College of Engineering; Stormwater flowing into a grateJoe Naughton, a 2020 Sea Grant Knauss Fellow at the National Oceanic and Atmospheric Administration; and Hannah Hathaway, a member of the Law School’s Class of 2020. Another faculty colleague, Dr. Tony Parolari of the CCEE department, participated in the underlying research grant that resulted in the paper. This kind of work is part of our core mission: the Marquette University Water Law and Policy Initiative seeks, among other things, to employ an interdisciplinary approach, and to pursue opportunities for information exchange and collaboration within and outside Marquette University.

The following excerpt describes the work. The full article is freely available at the above link.

Communities in the United States face growing challenges to effective stormwater management as a result of aging infrastructure, increasing urbanization, changing climate, and shrinking budgets, among other factors.  These changes have increasingly stressed existing “static” stormwater management systems such as pipe networks, retention ponds, and detention ponds, that are intended simply to convey storm flows to nearby receiving waters without regard to overall system conditions.

Dealing with these stressors may require innovative solutions such as real time control (RTC) or “dynamic” stormwater management systems. 

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