Two Democratic governors have now seen their draconian coronavirus shutdown orders thrown out by the courts.
On Monday, a judge in Oregon threw out the restrictions imposed by Democratic Gov. Kate Brown. The judge’s reasoning was that Brown hadn’t sought the approval of the state legislature to extend her lockdown order beyond the initial 28-day limit.
Brown has asked for an emergency review by the Oregon Supreme Court.
But Oregon isn’t the first state: last week, the Wisconsin Supreme Court sided with the Republican-backed state legislature, who had sued Democratic Gov. Tony Evers to overturn his executive orders.
The Wisconsin Supreme Court had a similar reasoning to the judge in Oregon: the governor might be allowed to declare an emergency, but isn’t allowed to extend that emergency forever unless the state legislature approves.
The court’s 4-to-3 decision reopened Wisconsin–without restrictions and without delay.
Immediately, bars and restaurants began throwing open their doors–and patrons quickly packed the establishments, after two months of being locked up.
But, while Oregon may still be able to salvage their restrictions, Wisconsin Gov. Evers has officially thrown in the towel… saying that it would be impossible to pass his preferred restrictions via a democratic process, and that the state will stay open.
“The Republicans made it very clear they don’t believe a statewide approach is the right way to go at this point in time,” Evers said. “It doesn’t make a lot of sense spending a lot of time doing something we know isn’t going to be successful.”
Lawsuits against Democratic governors continue to make their way through the courts, in Pennsylvania, Michigan, and Louisiana.