A member of the Wisconsin Supreme Court Tuesday compared an order from State Health Secretary Andrea Palm to close nonessential businesses because of the coronavirus as "tyranny" and compared it to the World War II internment of Japanese Americans in detainment camps.
The comments were made as the court heard oral arguments in a lawsuit brought by state lawmakers who claim that Palm exceeded her authority when ordering the businesses to close, reports Law and Crime.
Among justices on the court's conservative majority was Justice Rebecca Bradley, a Federalist Society member, who made the "tyranny" comment.
Her statement came about 10 seconds after Assistant Attorney General Colin T. Roth began his defense of the administration's order during the hearing, which was held by teleconference.
"My question for you is, where in the Constitution did the people of Wisconsin confer authority on a single unelected cabinet secretary to compel almost six million people to stay at home and close their businesses and face imprisonment if they don’t comply — with no input from the legislature — without the consent of the people,” Bradley told him.
Roth said the legislature enacted statutes to protect the public health, but conservatives on the court said they were concerned about Palm's threat of criminal sanctions against businesses that did not comply with the order.
He also argued that the directive would have only lasted during the pandemic, but a rule would enact lasting restrictions.
Bradley said she would direct Roth's attention to the Korematsu decision, in which the U.S. Supreme Court ruled the need for action was great and that justified the internment camps.
"Could the Secretary, under this broad delegation of legislative power order people out of their homes into centers where they are properly socially distanced in order to combat the pandemic?” she asked.
Later, she clarified that she was asking about the constitutional limits of Palm's order.
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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