(CNN)In many states, governors have wielded strong authority over how to respond to the coronavirus pandemic. But in Wisconsin, Republicans who control the legislature and state Supreme Court have forced Democratic Gov. Tony Evers to the sidelines.
The state high court's decision Wednesday -- at the legislature's request -- to block Evers' stay-at-home order was the latest in a series of moves to stop Evers from exercising power in recent weeks.
It further politicized the pandemic response in one of the nation's most important battlegrounds in the 2020 presidential election. The battle over Evers' stay-at-home order is also the latest episode in a years-long series of partisan brawls over power in Wisconsin, perhaps the nation's most politically polarized state and one where most contentious issues wind up in court.
Fueling those fights is Wisconsin's unique system of electing its seven Supreme Court justices -- turning those contests into expensive, bitter campaigns that have effectively erased all lines between partisan politics and its judiciary.
It was against that backdrop in which Evers took office in 2019 after Republicans and outgoing Gov. Scott Walker had used a lame-duck session in December 2018 to enact a series of measures that curved Evers' power, including one that would forbid Evers from fulfilling his campaign promise to withdraw the state from a lawsuit seeking to overturn the Affordable Care Act. The GOP-controlled Supreme Court upheld those measures after Evers challenged them in court.
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Knowing that Republicans would oppose him because a state Supreme Court seat was on the ballot, Evers for weeks refused to try to delay Wisconsin's April 7 election -- even as several other states held off their own as the coronavirus outbreak took hold. He changed course at the last minute, seeking to postpone it until June -- only to see the Republican-controlled state legislature immediately challenge him in court, and the state's Supreme Court rule against Evers. In-person voting went forward, with long lines stretching for blocks through Milwaukee. Dozens of people who voted in-person that day or worked the polls have since been diagnosed with coronavirus, health officials have said, though it is not clear whether those people were otherwise exposed to the virus.
The liberal candidate, Jill Karofsky, won that Supreme Court race. But conservative Justice Daniel Kelly, who lost, will remain in office until August. He voted Wednesday with other Republican justices to overturn Evers' stay-at-home order in the 4-3 decision.
Democrats said they were not surprised to see Republicans try to block Evers from taking action amid the coronavirus pandemic.
"They put lives at risk by forcing an election, of course they were going to double down. It's like no lives matter. This is bad," tweeted Democratic Lt. Gov. Mandela Barnes.
Wisconsin has become another example of President Donald Trump's cheerleading efforts to undercut the Democratic governors of key swing states.
In March, Trump lambasted Michigan Gov. Gretchen Whitmer in news conference. Earlier this month, he prodded Gov. Tom Wolf of Pennsylvania to "move quickly" in allowing the state's businesses to reopen.
On Thursday morning, Trump tweeted that the Supreme Court ruling in Wisconsin was "another win."
"Its Democrat Governor was forced by the courts to let the State Open. The people want to get on with their lives. The place is bustling!" Trump tweeted.
Justice's opinion faces criticism
In a concurring opinion, Justice Rebecca Bradley, a conservative appointed by Walker, cited the 1944 US Supreme Court ruling in Korematsu vs. US, which allowed Japanese Americans to continue being forced into internment camps.
"We mention cases like Korematsu in order to test the limits of government authority, to remind the state that urging courts to approve the exercise of extraordinary power during times of emergency may lead to extraordinary abuses of its citizens," Bradley wrote.
Her concurring opinion drew condemnation online. Actor George Takei, whose family was forced into an internment camp when he was a child, cited Bradley's opinion and tweeted: "I'm in my own home watching Netflix. It's not an internment camp. Trust me."
Unclear what comes next
Wednesday's decision has made it unclear whether and how the state would move forward with social distancing guidelines and business restrictions as the coronavirus pandemic continues to rage and public health officials warn that prematurely easing restrictions could lead to a surge in cases.
Wisconsin has seen at least 11,275 coronavirus cases and 434 deaths as of Thursday, according to tracking information from the Johns Hopkins University Center for Systems Science and Engineering.
In the hours following Wednesday's Wisconsin Supreme Court decision, images flowed onto social media showing bars in the state packed with customers.
Republican legislative leaders told reporters Thursday that it could be left to cities and counties to enact their own orders.
"Ultimately, my most important criteria is making sure that we trust the public and we trust business owners so we don't have even more of an economic catastrophe than we've had before," state Assembly Speaker Robin Vos told reporters.
Vos, along with Senate Majority Leader Scott Fitzgerald, make up the Republican leadership of the state legislature.
Evers said on CNN late Wednesday that the ruling "puts our state into chaos."
"Now we have no plan and no protections for the people of Wisconsin," Evers said. "When you have more people in a small space -- I don't care if it's bars, restaurants or your home -- you're going to be able to spread the virus. And so now, today, thanks to the Republican legislators who convinced four Supreme Court justices to not look at the law but look at their political careers I guess -- it's a bad day for Wisconsin."
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