On April 29, 2020, NDRN joined an amicus filed by Disability Rights Wisconsin and 30 other national and local disability rights, aging, and caregiver organizations in Wisconsin Legislature v. Palm in the Wisconsin Supreme Court involving a dispute under Wisconsin state law of whether the state Department of Health exceeded its authority to extend its initial “safer at home” order in response to the COVID-19 pandemic. The amicus did not support either party but informed the court of the increased risks people with disabilities and the aging face if the order is lifted due to the difficulties, they have maintaining social distancing and the need for caregivers and others.
On May 13, 2020, the Wisconsin Supreme Court in Wisconsin Legislature v. Palm held that Emergency Order 28 was a rule, and therefore was subject to statutory emergency rulemaking procedures established by the Legislature and because that procedure was not followed, the Emergency order was not enforceable.
