"A Pandemic Does Not Suspend the Rule of Law –... It raised the question of whether a single executive branch official can unilaterally criminalize heretofore legal behavior, based on nothing more than her own judgment of what is required to protect public health.
The Wisconsin Supreme Court last week concluded that Palm's order qualified as a "rule" under state law, meaning she could not legally impose it without following emergency rulemaking procedures she admittedly ignored. "
