WMC: Now What?
The order does not follow the usual process of public hearing, economic impact, and legislative vote.
The order is not enforceable because it creates new crimes that didn’t exist – ex. leaving home, operating nonessential businesses, etc.
- One person can’t create new crimes
DHS does have the power to regulate but must go through the rulemaking process and must comply with their statutory role. DHS does not have the authority to impose the restrictions in the order including quarantining healthy people in their homes, deeming essential and nonessential businesses and travel.
Still … best to practice safety
Your actions to screen and sanitize protects against liability.
Local Rules cannot conflict with rules of the State
The policy the legislature has made is for state-wide legality. The findings show they exceed statutory authority. Anything being done locally conflicts with this.
There could be local lawsuits, but with most county ordinances only going through May 26, it will be over before the lawsuit.
Supreme Court Decision Impact
No branch of government can enact laws singularly. There must work done with others.