extremely partisan Wisconsin court has now struck down that law in a blatant act of judicial activism
"Extreme partisanship" is more evident in your complaint about a "striking down" that didn't happen of a "law" that doesn't exist. The Court upheld existing law and struck down executive actions that violated it.
By the way, Supreme Court justices here in Wisconsin are elected on statewide ballots, not nominated for life like Federal judges. Your basis for calling them "extremely partisan" is, what, exactly?
The Court does not deny or rewrite that. It simply asserts that 227.24 also applies. Seems reasonable to me, since "227.24 does exist".
> We conclude that Emergency Order 28 is a rule under the controlling precedent of this court, Citizens for Sensible Zoning, Inc. v. DNR, 90 Wis.2d 804, 280 N.W.2d 702 (1979), and therefore is subject to statutory emergency rulemaking procedures established by the Legislature. Emergency Order 28 is a general order of general application within the meaning of Wis. Stat. §227.01(13), which defines "Rule." Accordingly, the rulemaking procedures of Wis. Stat. §227.24 were required to be followed during the promulgation of Order 28.
> Palm responded that Emergency Order 28 is not a rule. Rather, it is an Order, fully authorized by the powers the Legislature assigned to DHS under Wis. Stat. §252.02.
So the Executive asserted that Emergency Order 28 is not a rule.
> We conclude that Emergency Order 28 is a rule under the controlling precedent of this court, Citizens for Sensible Zoning, Inc. v. DNR, 90 Wis.2d 804, 280 N.W.2d 702 (1979), and therefore is subject to statutory emergency rulemaking procedures established by theLegislature. Emergency Order 28 is a general order of general application within the meaning of Wis. Stat. §227.01(13), which defines "Rule."Accordingly, the rulemaking procedures of Wis. Stat. §227.24 were required to be followed during the promulgation of Order 28.
By the way, Supreme Court justices here in Wisconsin are elected on statewide ballots, not nominated for life like Federal judges. Your basis for calling them "extremely partisan" is, what, exactly?