Wisconsin Supreme Court Turns Away Challenge to Dan County COVID Restrictions

Thursday, December 24th, 2020 -- 11:00 AM

(AP) The Wisconsin Supreme Court on Tuesday turned away a challenge of Dane County’s ban on indoor gatherings in an effort to mitigate the spread of COVID-19.

In a 4-3 vote, the high court rejected the Wisconsin Institute for Law and Liberty’s request that it bypass lower courts and take up its case. Dane County has since relaxed restrictions on all private gatherings indoors, including sports activities and those in private homes. In his majority opinion, Justice Brian Hagedorn emphasized the Supreme Court isn’t designed to take up cases in the first instance, a job meant for circuit courts.

“This court is designed to be the court of last resort, not the court of first resort,” Hagedorn wrote. “That is why we have historically been receptive to original actions only rarely. I hope we return there again.”  Three justices wanted to take up the case, saying the high court should not delay in taking up cases that involve fundamental liberties.

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