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Public Health Emergency: Legal Preparedness & Response

Tavern League of Wisconsin, Inc. v. Palm

Overview

Tavern League of Wisconsin, Inc. v. Palm (Supreme Court of Wisconsin, April 14, 2021): The highest court in Wisconsin upheld the appeals court decision that the state Department of Health Services Secretary-designee’s COVID-19-related emergency order that limited the size of indoor public gatherings was unlawful and unenforceable as a matter of law, because the order met the definition of a “rule” and therefore should have been promulgated according to rulemaking procedures outlined in state law. The court took up the question of the order’s legitimacy despite the order’s expiration rendering the appeal moot. Read the full decision here.

View all cases in the Judicial Trends in Public Health – July 16, 2021.

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