Title : "The order from Public Health Madison and Dane County closing all county schools was illegal, unnecessary and unconstitutional."
link : "The order from Public Health Madison and Dane County closing all county schools was illegal, unnecessary and unconstitutional."
"The order from Public Health Madison and Dane County closing all county schools was illegal, unnecessary and unconstitutional."
Said Rick Esenberg, president of the conservative Wisconsin Institute for Law and Liberty, qutoed in "Wisconsin Supreme Court strikes down Dane County health department order to close schools" (Wisconsin State Journal).
The order was from last August, but the court had place a hold on the order, so private schools that wanted to open did.
The court found that because state statute does not specifically allow local health officers to close schools during a public health emergency, Public Health Madison and Dane County director Janel Heinrich overstepped her authority, and it deemed flawed her reliance on a part of state statute that says people in her position can take all “reasonable and necessary” actions to protect public health.
“The power to take measures ‘reasonable and necessary’ cannot be reasonably read as an open-ended grant of authority,” Justice Rebecca Bradley wrote for the majority. “Doing so would swallow the rest of the statute and render it mere surplusage.”...
The decision was 4-3, split along ideological lines.
Writing for the dissent, Justice Rebecca Dallet argued that state statute does indeed give Heinrich the authority to close schools in a public health emergency. “There is no textual evidence for the majority to conclude that when the legislature directed local health officers to take ‘all’ measures reasonable and necessary to control a disease outbreak, it did not mean exactly what it said,” she wrote. “Reading in to the statute a phantom restriction impossibly requires the Legislature to write statutes today that specifically address all potential situations in the future, even those ‘not readily imagined.’”
Said Rick Esenberg, president of the conservative Wisconsin Institute for Law and Liberty, qutoed in "Wisconsin Supreme Court strikes down Dane County health department order to close schools" (Wisconsin State Journal).
The order was from last August, but the court had place a hold on the order, so private schools that wanted to open did.
The court found that because state statute does not specifically allow local health officers to close schools during a public health emergency, Public Health Madison and Dane County director Janel Heinrich overstepped her authority, and it deemed flawed her reliance on a part of state statute that says people in her position can take all “reasonable and necessary” actions to protect public health.
“The power to take measures ‘reasonable and necessary’ cannot be reasonably read as an open-ended grant of authority,” Justice Rebecca Bradley wrote for the majority. “Doing so would swallow the rest of the statute and render it mere surplusage.”...
The decision was 4-3, split along ideological lines.
Writing for the dissent, Justice Rebecca Dallet argued that state statute does indeed give Heinrich the authority to close schools in a public health emergency. “There is no textual evidence for the majority to conclude that when the legislature directed local health officers to take ‘all’ measures reasonable and necessary to control a disease outbreak, it did not mean exactly what it said,” she wrote. “Reading in to the statute a phantom restriction impossibly requires the Legislature to write statutes today that specifically address all potential situations in the future, even those ‘not readily imagined.’”
Thus articles "The order from Public Health Madison and Dane County closing all county schools was illegal, unnecessary and unconstitutional."
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