- After Wisconsin Governor Tony Evers (D) extended the state’s stay-at-home order until May 26, the state legislature issued a legal challenge against that extension.
- On Wednesday, the Wisconsin Supreme Court sided with the legislature, ending the order immediately.
- Many businesses, such as bars, later reopened the same night and saw crowds of people packing into small spaces without masks.
- This is the second time the Republican-controlled state legislature has used the Supreme Court to strike down Evers’ coronavirus-related orders.
Wisconsin Supreme Court Strikes Down Stay-At-Home Order
People in Wisconsin flocked to bars Wednesday night, many of them crowding into small spaces while leaving their masks at home.
The sudden pilgrimage to bars began almost immediately after the state’s Supreme Court struck down Governor Tony Evers’ (D) stay-at-home order.
Last month, Evers’ administration extended the state’s stay-at-home order from April 24 to May 26. Shortly after that, the state’s legislature brought forth a legal challenge against the state’s health secretary, Andrea Palm.
In that lawsuit, lawmakers argued that such long-term decisions on citizens’ lives should be decided by the legislature—not just Evers’ administration.
In court, an attorney for Evers’ administration argued that state law gives the Wisconsin health department the authority “to do whatever is necessary to combat a novel, deadly, communicable disease like the one we’re facing today.”
Right away, though, the situation wasn’t looking good for Evers’ or his administration. The seven-member Court is made up of five conservative and two liberal justices. On top of that, the legislature that brought the lawsuit is Republican-controlled.
In hearings last week, conservative Justice Rebecca Bradley compared Evers’ orders to Korematsu v. United States, a controversial U.S. Supreme Court decision during World War II to uphold Japanese internment camps.
“I’ll direct your attention to another time in history in the Korematsu decision, where the Court said the need for action was great, and time was short, and that justified—and I’m quoting ‘assembling together and placing under guard all those of Japanese ancestry in assembly centers during World War Two,” she said
Could the secretary, under this broad delegation of legislative power or legislative-like power order people out of their homes into centers where they are properly socially distanced in order to combat the pandemic?” she asked.
Even though the Court ultimately sided with the legislature, the decision was narrow with a 4-3 vote. That was because one of the court’s conservative judges broke to dissent with the majority opinion.
The Court’s justices wrote in the majority opinion that “in the case of a pandemic, which lasts month after month, the Governor cannot rely on emergency powers indefinitely.”
Still, the Court noted that it wasn’t challenging the governor’s power to actually declare emergencies.
In their dissent, Justice Rebecca Dallet said, “This decision will undoubtedly go down as one of the most blatant examples of judicial activism in this court’s history. And it will be Wisconsinites who pay the price.”
Notably, the Republican-controlled legislature asked the Court for a six-day hold on its decision so they could negotiate stay-at-home orders with Evers, but the court shot that request down, reopening the state immediately.
Bars Reopen to Crowds
To be clear, the Court’s decision only affects Evers’ executive order. Local municipalities can still issue their own stay-at-home orders.
In fact, at least five cities and counties have now announced they’ll be extending their stay-at-home orders, most of them until May 26th. That includes Brown, Dane, Racine, Milwaukee, and Kenosha counties.
Many more cities and counties, however, are now free of stay-at-home orders. Because of that, many businesses started to reopen almost immediately after the decision was announced.
Much of the coverage around reopened businesses seemed to culminate with bars, as many customers could be seen packing into small spaces. In these photos, masks are rarely or nowhere to be seen.
Bar owner Chad Ardnt told WISN that while he respects people’s decision if they don’t want to come back yet, he also said he decided to reopen because he hadn’t been able to pay his employees for two months.
In a separate interview, bar-goer Gary Bertram told WISN that it should be people’s choice where they want to wear a mask or socially distance.
“If people have an issue with social distancing, they should be able to be, you know, they can stay separate or stay home,” Bertram said.
That logic goes against warnings from the majority of health experts who have noted that the spread of the coronavirus isn’t really that simple. That’s because the people who are going out to bars are also likely going to the grocery store and seeing family. They can then unintentionally spread the virus to people at those places even if other people are social distancing and only going out when necessary.
Evers Blasts the Court’s Decision
As people flocked to those bars, Evers blasted the Supreme Court decision on MSNBC Wednesday night while speaking to Ali Velshi.
“Unfortunately, in this one fell swoop, four judges who didn’t really care what the statues talk about have thrown our state into chaos,” Evers said.
“We’re in the wild West, Ali,” he later added.
Taking a different tone, Wisconsin’s Speaker Robin Vos (R) and Senate Majority Leader Scott Fitzgerald (R) said in a joint statement that they urged the Evers administration to begin working with Republicans to begin drafting guidance in case the state sees a surge of COVID-19 cases.
“Wisconsin now joins multiple states that don’t have extensive ‘stay at home orders’ but can continue to follow good practices of social distancing, hand washing, hand sanitizer usage and telecommuting,” they added. “This order does not promote people to act in a way that they believe endangers their health.
President Donald Trump backed the Court’s decision Thursday morning, saying on Twitter that Wisconsin “was just given another win.”
“Its Democrat Governor was forced by the courts to let the State Open,” he said. “The people want to get on with their lives. The place is bustling!”
The Court’s decision highlights the current relationship between Evers’ administration and the legislature, which has been described as “bitterly divided.”
The legislature previously sued Evers for trying to delay the state’s April 13 primary, and like the decision being seen now, the Wisconsin Supreme Court sided with the legislature.
Before Evers took office in 2019, the legislature voted to strip power from the governor’s seat following his election win.
See what others are saying: (WISN) (The Washington Post) (Milwaukee Journal Sentinel)
Privacy Concerns Rise in Florida Over Menstruation Questions on Digital Student-Athlete Physicals
Ever since the overturn of Roe V. Wade, activists have been concerned about how period tracking data can be used against women.
Outrage and Concerns
Florida schools require student-athletes to complete an annual physical evaluation form before being allowed to participate in sports, including questions about female menstruation. Recently, school districts have shifted these forms into a digital format using a third party, causing privacy concerns for parents and activists alike.
As headlines started to circulate the news, many online began expressing outrage. Lawyer Pam Keith, who ran for U.S. House of Representatives in 2020 referred to Florida as a “police state for women” on Tuesday morning. Other tweets have called this practice “dystopian” and “tramping on women’s rights.”
In Florida, these questions have been on the student-athlete physical evaluation form for approximately 20 years. Now that some school districts have shifted from paper copies to digital formatting with the third-party software company, Aktivate, criticisms have resurfaced across the state. Abortion rights activists, in particular, are worried about menstrual information being used to prosecute someone for getting an abortion. Others vocally oppose storing this information online, citing parents’ rights over their children’s data.
These questions relating to menstruation are labeled as optional on the document. However, some have expressed concern that athletes will feel obligated to answer them in order to ensure their eligibility to play.
Florida schools have all of the medical data collected by these physicals sent back to the district from the physician. This is in sharp contrast to the policy of other states that simply require the physician’s approval for the athlete to be cleared to play.
“I don’t see why school districts need that access to that type of information,” pediatrician Dr. Michael Haller said to The Florida Times-Union. “It sure as hell will give me pause to fill it out with my kid.”
See what others are saying: (Forbes) (The Palm Beach Post) (The Florida Times-Union)
Navy SEAL Recruits Sprayed With Tear Gas in “Horrific” Leaked Video
The revelation comes after the Navy launched an investigation into SEAL training practices last month in response to the death of a recruit.
The Worst Birthday Ever
In September 2021, Navy SEAL recruits were forced to sing “happy birthday” while standing amid a thick cloud of tear gas as part of their training, a leaked video reveals.
The footage, which was obtained by investigative reporter Mathew Cole and published by CBS News, comes from California’s San Clemente Island, where SEALs are trained.
For over a minute, instructors are seen dousing the recruits in the chemical, sometimes from just inches away, as they struggle to sing. Reports say they were singing so that they could not hold their breath, which regulations incidentally warn may cause a person to pass out.
Although exposure to tear gas is a common right of passage for military recruits, who must learn how to properly don a face mask, it is meant to be sprayed from six feet away to prevent burns and last for no longer than 15 seconds.
The recruits in the video are seen coughing, heaving, and crying out in agony after the gas subsides, and one appears to pass out.
A Navy admiral has reportedly launched an investigation into the video to determine whether the instructors sprayed the gas for too long and from too close, and if they did, whether they were simply unaware of the proper procedure or intended to abuse and punish the recruits, which could be a criminal offense.
Cole wrote in a Twitter thread that he showed the footage to current and retired senior SEAL officers, who described the exercise as “horrific,” “abusive,” “pointless” and “near torture.”
“Current and former SEAL students say they were told the purpose of the exercise, which cause extreme pain, was to simulate how they would react to bullet wounds in combat,” he said. “They were told by BUD/S instructors it was a ‘rite of passage’ and given three attempts to complete it.”
The Death of Kyle Mullen
“The source who provided the video did so because they wanted the Navy, Congress and the public to know that the February 2022 death of Kyle Mullen was not an isolated incident,” Cole Continued.
Mullen was a 24-year-old Navy recruit who arrived in California for the SEALs rigorous selection course in January. In his third week, he reached what’s known as Hell Week, a five-day-long slog through an infamously brutal training regiment that’s killed at least 11 men since 1953.
Trainees spend at least 20 hours per day doing physical exercises, running a total of more than 200 miles, and are allowed just four hours of sleep across the entire week.
Hell Week is meant to test a recruit’s mental and physical resilience, as well as their commitment to becoming a Navy SEAL. Critics, however, argue it is excessively harsh, pointing to the concussions, broken bones, dangerous infections, and near drownings suffered by some recruits.
When Mullen completed Hell Week, he called his mother Regina, who told CBS News her son seemed to be having trouble breathing.
A few hours later, he died with the official cause being pneumonia, which Regina attributed to the freezing water he was submerged in during training.
She also said he admitted to using banned performance-enhancing drugs, something many aspiring SEALs resort to so they can cross the finish line.
Even with drugs, however, around 90% of trainees fail to complete the selection course, with most dropping out during Hell Week.
The same day Kyle died, one of his fellow trainees had to be intubated, and two more were hospitalized.
The Navy launched an investigation into the SEALs selection course last month in response to Kyle’s death.
See what others are saying: (CBS) (NBC) (The New York Times)
Lawyer Claims That LAPD Officer Who Died In Training Was Targeted For Investigating Other Officers For Rape
The late officer’s family has filed a lawsuit against the city of Los Angeles.
Press Conference Reveals New Allegations
A lawyer for the family of Los Angeles Police officer Houston Tipping, who died in May during a training exercise, claimed on Monday that Tipping was targeted for reporting an alleged sexual assault by four other police officers last year.
In May, Tipping sustained serious injury — including a broken spine — during training, which resulted in his death three days later. The LAPD released a statement saying his injuries came from a fall taken during a segment of training that involved grappling another officer.
His family, however, filed a complaint — and later a lawsuit — against the city of Los Angeles. The lawsuit states that Tipping was, “repeatedly struck in the head severely enough that he bled.”
During a Monday press conference, his family’s lawyer, Bradley Gage, claimed that the injuries Tipping sustained could not have been the result of grappling.
“There is no way grappling would have caused those kinds of injuries the way the LAPD portrays it,” he said. “What would cause those injuries is if somebody picked a person up, slams them down onto their head and their neck onto a hard surface.”
An Alleged Cover-Up
According to Gage, an officer that Tipping had reported last year for an alleged sexual assault was also present at this training exercise.
“The allegation is that in July of 2021, four police officers were involved in the sexual assault of a woman from the Los Angeles area. A report was taken by Officer Tipping,” he said. “And the female victim claimed that she was raped by four different people, all LAPD officers. She knew the names of some of those officers because they were in uniform and had their name tags on. The name of one of those officers, with the name tag, seems to correlate with the names of one of the officers that was at the bicycle training”
The attorney went on to confirm that he is alleging this unnamed officer is responsible for Tipping’s injuries.
Later in the press conference, Gage stated that the police department is likely trying to cover-up these misdeeds.
“I’m sure that these actions are being covered-up. The thought of a code of silence or a cover-up by a police department should not be shocking or surprising to anyone,” he said.
Although the initial lawsuit by Tipping’s family included the wrongful death and other civil rights violations, with this new information, the family and the attorney has decided to file a supplemental. This supplemental will cover the whistler blower retaliation, destruction of evidence, and the initial wrongdoing of the rape case.