Gatherings order remains blocked as state Supreme Court doesn't hear case

- The Wisconsin Supreme Court will not immediately take up a challenge to a state health order that limited capacity at certain businesses.

That means an appeals court ruling blocking the order remains in place.

Gov. Tony Evers' administration asked the court to hear the suit, bypassing the normal appeals process. The state argued that the urgency of the pandemic deserves the attention of the state's highest judicial body.

The state Supreme Court denied Evers' request, but it could still hear the case after an appeals court has a chance to make a ruling.

In a dissent, Justice Rebecca Dallet made the case that the state Supreme Court should take the case. "Who better to offer that needed clarity than this court?"

After a district court judge ruled in favor of the Wisconsin Department of Health Services earlier this month, the ruling was appealed to a state appeals court. The panel of judges on the appeals court blocked the order.

At issue was the Department of Health Service's Emergency Order #3 which limits public gatherings and caps capacity at bars and restaurants to 25 percent.

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