7 Major Coronavirus Developments — Legal Challenges Brewing to COVID-19 Restrictions — May 14

GoLocalProv News Team

7 Major Coronavirus Developments — Legal Challenges Brewing to COVID-19 Restrictions — May 14

Late on Wednesday, the Wisconsin Supreme Court struck down Governor Tony Evers' stay-at-home order to limit the spread of coronavirus. This is the first time a statewide order of its kind has been knocked down by a court of last resort. 

Wisconsin's highest court sided with Republican lawmakers in a decision that curbed the power of Democratic Evers.

In Rhode Island, no lawsuit has been filled, but the conservative think tank, The RI Center for Freedom and Prosperity, is threatening legal action.

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A six-page analysis, conducted by the Flanders Legal Center for Freedom, a new initiative of the Center, reviews the Rhode Island General Laws that vest emergency powers with the Governor. In examining the statutes under RI General Laws § 30-15, those powers are neither unlimited, unchecked, nor intended to be exercised with unbridled discretion, according to the Center.

"It is vital that a balance of power be maintained and that the General Assembly seriously consider its important role in preserving our rights," said Mike Stenhouse, the Center's CEO. "Many Rhode Islanders feel that the Governor prematurely shut-down our summer fun. She may also have done so illegally. The General Assembly can be heroes and give us our summer back."

The legal analysis was written by former Rhode Island State Supreme Court Judge Robert Flanders — who was a failed GOP candidate for the United States Senate — and questions the following as to whether Governor Gina Raimondo exceeded her legal authority in issuing executive orders and other edicts:

- Did the Governor exceed clear time limitations when she effectively shut down mid-to-large-sized summer events and activities?
- Did the Governor illegally reschedule the June Presidential Primary, with arbitrarily imposed new voting and voter-ID rules?
- Did the Governor infringe on religious rights by limiting church crowds, while allowing larger gatherings in other, secular settings?
- Do the Governor's arbitrary limitations on the number of people who are permitted to peaceably assemble violate our First Amendment rights?


7 Major Coronavirus Developments — May 14, 2020

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