Jenner & Block

“Wis. Executive Power Ruling Has a Downside for Businesses,” Law360

In this article, Jenner & Block Partner Brian Hauck examines Wisconsin Legislature v. Palm.  In that case, the Wisconsin Supreme Court invalidated the state's "safer at home" order as going beyond the governor's and Department of Health Services secretary's authorities.  Mr. Hauck notes that, while some business interests may cheer the ruling as a step toward reopening the economy, those same interests may take a different view as the reopening process proceeds.  “While they may take a weak view of executive emergency powers today, they may favor much stronger executive powers down the road — particularly if governors used those powers to implement significant (if temporary) tort reforms on a state-by-state basis,” he observes.