Boots & Sabers

The blogging will continue until morale improves...

Owen

Everything but tech support.
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1152, 19 Oct 20

Judge Reinstates Evers’ Illegal Order

Again, the legislature can act if they have the will to do so.

MADISON – A Barron County judge has revived Gov. Tony Evers’ order limiting public gatherings, including the number of customers who may visit bars and restaurants at one time.

Judge James Babler denied a motion from the Tavern League of Wisconsin and two bars to continue to block the Evers administration’s latest health emergency order after a ruling last week by a Sawyer County judge that prevented enforcement of the order temporarily.

Babler said the plaintiffs could not show they were complying with the order and therefore hadn’t proven they were harmed by it.

He also said the May state Supreme Court ruling that knocked down Evers’ stay-at-home order did not make clear what authority the administration has in placing such limits, despite the plaintiffs arguing the decision prevents Evers from issuing the latest order.

I thought this was an interesting take:

Babler said the plaintiffs could not show they were complying with the order and therefore hadn’t proven they were harmed by it.

So if the order is useless because nobody is complying with it, then why bother having it?

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1152, 19 October 2020

48 Comments

  1. Mark Hoefert

    Just a heads up – due to a 2-day computer system update, WI DHS has not uploaded any daily COVID data since Friday.

    What that means is probably today, the numbers will be for a 3-day period, instead of 1-day.

    So the headlines may scream “highest daily cases/deaths ever reported in one day!!!” Not sure if they will back load the data for each missing day or lump into one day.  Over the weekend, DHS website did advise to look at the 7-day averages.

     

  2. Mar

    So, 1 circuit court judge from 1 county can overrule another circuit court judge from another county?

  3. steveegg

    What I’d like to know is how did a Barron County judge get the case when it was filed in Sawyer County and placed before a Sawyer County judge.

    As for the state of play, Ev…er…Gau can rule by decree until the Legislature gets the stones to slap her down, then things will get real interesting when (not if) she reissues Shutdown 2.0.

  4. Mar

    The other strange thing is that the Tavern League won’t appeal but one bar is going to appeal.
    Why won’t the Tavern League appeal?
    Did someone get to them?

  5. Merlin

    It costs real money to play games with Evers. He, on the other hand, gets to play on unlimited credit while dragging you all the way to the top of the court system. Six months into this nightmare who has resources for legal battles not likely to generate immediate relief?

    All while the Republican legislature quietly monitors the situation from their recliners, proud that they did something once upon a time.

     

     

  6. dad29

    until the Legislature gets the stones to slap her down,

    No stones, but they’ll slap her on 11/4

  7. Le Roi du Nord

    In a feeble attempt to insult Biden, trump says if Biden gets elected, “He’ll listen to the scientists.”  Maybe trump should try that, maybe fewer folks would have died due to coronavirus.

    Perhaps trump will try this insult next, “He’ll (Biden) read the daily security briefing”.

  8. Mar

    Oh right, listen to the scientists, who got very little right. Just like you.

  9. Le Roi du Nord

    mar:

    Could you point out what trump got right? Hydroxychloroquine doesn’t work, it didn’t go away when the weather warmed up, we aren’t around the corner, etc. Here is your chance to brag. But use facts, please.

  10. dad29

    it didn’t go away when the weather warmed up

    It did not “go away,” but it was mitigated.  I’m sure you know that the colder weather in the northern 1/3 of the country now shows the highest number of positive tests, LeeeeeeeeeeeeeRoy.  Gee!!  Warm=mitigation, cold=resurgence.

    we aren’t around the corner

    And you know this because……………?  Oh, I know:  Superior Scientific Skillzzzzzzzzz.  OK.

  11. Mar

    And the sociopath lies and hates again.
    So predictable.
    Like being on a county board.

  12. Jason

    Regardless of if you support it or not, it looks like the Recall Petition has met their threshold by a fair margin, queue the mid-term election music.

  13. Mar

    I don’t expect a sociopath hick from Wisconsin to understand Arizona’s weather.
    In July, that is Wisconsin’s equivalent of the coldest part of winter.
    We stay inside, with the air conditioning.
    Now that the weather is cooling, our cases are coming down.
    But I don’t expect you to understand that.
    But nice try.

  14. Le Roi du Nord

    And I wouldn’t expect you to understand much of anything.  Regardless, trump was wrong.

  15. Mar

    “But it wasn’t just AZ”
    Yep, science was wrong.
    “WI sure hasn’t turned the corner.”
    That’s Evers fault.

  16. Mar

    But I will give credit where credit is due.
    jjf predicted the new wave.
    However, we are in a much better place to handle the new wave in large part to President Trump and not scientists like Dr. Fauchi.

  17. Le Roi du Nord

    No mar, science wasn’t wrong, trump was.

    Since WILL, the Tavern League, and the R controlled legislature have battled/sued/refused to act at every turn, how could it be Evers fault?

    Explain, using facts, how “we are in a much better place to handle the new wave in large part to President Trump”.  Nobody on the medical side of things (except atlas) agrees with you.

  18. Mar

    Sociopath, President Trump got most of his information from supposed scientists are they were proved.
    Just like you were proved wrong time and time again.
    You and jjf were completely wrong on just about everything.
    And your horrible hatred of President Trump does not let you say even 1 nice thing about Trump and all he accomplished.
    You are such a hater and stupid at that.

  19. Le Roi du Nord

    No mar, trump ignored the scientists. He even tries, poorly, to mock Biden with, “He’ll listen to the scientists”.  You really can’t ( and haven’t ) defend any of the actions trump has taken, and your only solution is to make up lies and call folks names.  Typical “conservative” response.

  20. Mar

    It’s impossible to debate a sociopath. They have no regard for the truth, they are haters and bigots and they don’t care. They have no feelings but they live in their own little world deranged world.
    Yes, Le Roi, that is you.

  21. Le Roi du Nord

    And you still can’t/won’t defend any aspect of how trump handled the trump virus response.

     

  22. Mar

    I e done many times you fricking moron. Your just too damn stupid and ignorant and being a sociopath does not let you understand and comprehend what I wrote and documented.
    Damn troll.

  23. Le Roi du Nord

    That why don’t you do it, in detail, and using facts. Betcha can’t. Betcha use more juvenile names instead.

    And while you are at it, explain how we have “rounded the curve” with 41 states showing increased Covid cases? Facts earn extra credit.

  24. Mar

    Thank you for proving my point that you are a sociopath, a coward, a liar and basically, a disgusting human being.

  25. Le Roi du Nord

    And yet all you have mar, is name calling. No answer, no defense, no facts. Calling me names doesn’t make you correct, it just highlights your tiny vocabulary and weak argument.

  26. Mar

    Troll, troll, troll, troll, troll, troll, troll.

  27. Mar

    Oh, and sociopath. The names I have called you are well earned and proven.
    Prove to us you are not a liar.
    Prove to us you are not a coward.
    Prove to us you are not a sociopath.
    Prove to us are a county supervisor.
    Prove to us that that you are not a hater.
    Prove to us that you are not a bigot.
    Prove to us you are not a racist.
    Prove to us that you are not senile.
    Most of have called you out on most of these issues, not just me.
    So, prove that you are not any othese names I have called. If you can do so, I will retract it and apologize.

  28. Le Roi du Nord

    And you still can’t. Bravo!

  29. Mar

    So the sociopath admits he full of shit.

  30. Le Roi du Nord

    No mar, I didn’t.  And I am not a sociopath.  You are lying again.

  31. Mar

    Definition of a sociopath: “a person with a personality disorder manifesting itself in extreme antisocial attitudes and behavior and a lack of conscience.”
    That fits you perfectly, sociopath.

  32. Le Roi du Nord

    No mar, it doesn’t.  And since we have never met, and never will, you have absolutely no way to prove that claim.  You just make stuff up in a futile attempt to enhance your fragile ego and your very delicate connection with reality.

    Seek help.

  33. Mar

    Well, you are 1 very sick person in need of real help.
    Like saying you never called President Trump names, even though you did just days before and then refuses to admit you lied.
    Then blamed other people for your lying.
    Yes, you are really 1 sick puppy, in need of serious treatment.
    If you were dog, we would have to put you down.
    Instead, we have to put up with you contributing to climate change everytime your breathe.

  34. Le Roi du Nord

    How would you know if I am sick, or not, we have never met? And you have no medical degree, nor exhibit any ability toward rational thought. You are making stuff up again.

    Like trump, you are desperate, and your only response is to lash out aimlessly at those you disagree with.

  35. Mar

    Your writings provide significant proof that even a person with a 1st grade education like yourself can see you certainly have some serious mental illness issues.

  36. Le Roi du Nord

    How so, mar? Be specific, use facts.

  37. Mar

    Read from the above posts, moron.

  38. Le Roi du Nord

    No proof, and more name calling. Still nothing, eh mar?

  39. Mar

    Thank you for making my point that not only you are a sociopath but stupid as well.
    Did you use those points when you ran for county board?
    Oh wait, the only county board you served on was the board you sat on while waiting for your disability payments at the welfare office.

  40. Le Roi du Nord

    What are you talking about, mar?  Still no proof, no facts, no clue.

  41. dad29

    More than 84,000 residents and staff of nursing homes and other long-term care facilities have died from COVID-19 across the U.S., representing 40% of all coronavirus fatalities in the country, according to the Kaiser Family Foundation’s most recent analysis.

    And, FWIW, just talked with a friend from the Fox River Valley.  A bunch of her friends (all 40-ish, good health) tested positive; flu-like symptoms for 3 days, then ‘all clear.’  One of them, who is overweight, was in the hospital for 2 weeks.

    The bug is blood-type driven; likes some, won’t touch others.

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