Political Posturing, interests and “adult employment” on taxpayer supported Dane County Madison public health ordering schools closed

Wisconsin Supreme Court:

For the respondent, there was a brief filed by Remzy D. Bitar, Sadie R. Zurfluh, and Municipal and Litigation Group ̧ Waukesha. There was an oral argument by Remzy D. Bitar.

For the petitioners Wisconsin Council of Religious and Independent Schools, et al., there was a reply brief filed by Richard M. Esenberg, Anthony LoCoco, Luke N. Berg, Elisabeth Sobic, and Wisconsin Institute for Law & Liberty, Milwaukee.
For the petitioners St. Ambrose Academy, Inc. et al., there was a reply brief filed by Misha Tseytlin, Kevin M. LeRoy, and Troutman Pepper Hamilton Sanders LLP, Chicago, Illinois; with whom on the brief was Andrew M. Bath and Thomas More Society, Chicago, Illinois; with whom on the brief was Erick Kaardal and Mohrman, Kaaradal & Erickson, P.A., Minneapolis, Minnesota.

An amicus curiae brief was filed on behalf of Attorney General Josh Kaul by Colin A. Hector, assistant attorney general, and Colin T. Roth, assistant attorney general; with whom on the brief was Joshua L. Kaul, attorney general.
An amicus curiae brief was filed on behalf of Institute for Justice by Lee U. McGrath, Minneapolis, Minnesota; with whom on the brief was Milad Emam, Arlington, Virginia.

An amicus curiae brief was filed on behalf of Freedom from Religion Foundation by Brendan Johnson, Patrick C. Elliott, and Freedom From Religion Foundation, Inc., Madison.

An amicus curiae brief was filed on behalf of State Superintendent of Public Instruction Carolyn Stanford Taylor and Wisconsin Department of Public Instruction by Heather Curnutt, Madison.

An amicus curiae brief was filed on behalf of City of Milwaukee by Tearman Spencer, city attorney, and Gregory P. Kruse, city attorney.

An amicus curiae brief was filed on behalf of Madison Metropolitan School District and Monona Grove School District by Sheila M. Sullivan, Melita M. Mullen, and Bell, Moore & Richter, S.C., Madison.
An amicus curiae brief was filed on behalf of Madison Teachers Inc., Wisconsin Association of Local Health Departments and Boards, Wisconsin Education Association Council, Milwaukee Teachers’ Education Association, Racine Educators United, Kenosha Education Association, and Green Bay Education Association by Diane M. Welsh, Aaron G. Dumas, and Pines Bach LLP, Madison.
An amicus curiae brief was filed on behalf of Governor Tony Evers and Secretary–Designee of Department of Health Services Andrea Palm by Sopen B. Shah and Perkins Coie LLP, Madison.
An amicus curiae brief was filed on behalf of Wisconsin Faith Voices for Justice by Barry J. Blonien, Tanner Jean-Louis, and Boardman & Clark LLP, Madison.

An amicus curiae brief was filed on behalf of Liberty Justice Center, Alaska Policy Forum, Pelican Institute For Public Policy, Roughrider Policy Center, Nevada Policy Research Institute, and Rio Grande Foundation by Daneil R. Suhr, Reilly Stephens, and Liberty Justice Center, Chicago, Illinois.

An amicus curiae brief was filed on behalf of League of Wisconsin Municipalities by Claire Silverman and Maria Davis, Madison

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and commentary from Scott Girard:

“While Heinrich allowed schools to use their premises for child care and youth recreational activities, the government barred students from attending Mass, receiving Holy Communion at weekly Masses with their classmates and teachers, receiving the sacrament of Confession at school, participating in communal prayer with their peers, and going on retreats and service missions throughout the area.”

Additional commentary:

“Reasonable” should mean that the public health authorities followed their own internal guidelines for evaluating regulations. These include posting the scientific evidence leading to the regulation, receiving community input, and studying the effectiveness and sustainability of the regulation. In the case of Covid and the schools all this was ignored in Dane County. There was no evidence of transmission in children of school age at the start, the community’s wish to have the schools open was ignored and, over time, it was seen that surrounding counties kept their schools open without increasing Covid transmission – and this last point was completely ignored by Dane County. But the Supreme Court didn’t address the issue of irresponsible public health officials. Perhaps it cannot as Owen pointed out. Perhaps dereliction of duty must be addressed by criminal courts. Instead the Supreme Court answered a different question which might be put as follows: suppose a majority of children in a given community refused the regular vaccines – or refuse the covid vaccine – can the public health authorities close the school? The answer was no. This is significant because racism has been defined as a public health issue. Suppose a majority of parents refused to allow their children to attend a CRT seminar defined as immunization against racism and required for admittance to school. Could the public health authorities close that school. No. In the past certain religious tests have been required before attendance at universities was allowed and non-conforming universites have been closed. If racism is a public health issue the Test Acts may return as public health tests and if that happened we may be sure Dane County would adopt Test Regulations closing non-conforming public schools if it could. Then this Court decision, barring such Test Regulations, would seem far-sighted.

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 


The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.