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Wisconsin Supreme Court strikes down law allowing warrantless blood alcohol testing of unconscious drivers

JURIST

The Wisconsin Supreme Court unanimously struck down a state law provision Friday that allowed police to draw blood from unconscious drivers and test it for alcohol content without a warrant. An individual who is unconscious or otherwise unable to withdraw consent was presumed not to have withdrawn consent under the law.

Statute 197
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Wisconsin judge rules against use of absentee ballot drop boxes for statewide elections

JURIST

A Wisconsin county judge Thursday granted an injunction against the use of absentee ballot drop boxes in statewide elections. The Wisconsin Elections Commission (WEC) issued guidance to county clerks about the use of drop boxes in March and again in August of 2020 , in light of the growing COVID-19 pandemic.

Statute 232
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Wisconsin Supreme Court refuses to purge voters from rolls

JURIST

On Friday, the Wisconsin Supreme Court issued a ruling on whether the Wisconsin Elections Commission has a duty to remove voters who may have moved from the rolls, holding that it is not a duty for the commission. The statute has a 30-day timeline for recipients to take one of these actions.

Court 132
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Wisconsin Supreme Court rules capacity limit on bars, restaurants, other businesses is invalid

JURIST

The Wisconsin Supreme Court ruled on Wednesday that the Department of Health Services (DHS) lacked authority to limit capacities for indoor public gatherings. ” The Tavern League of Wisconsin, along with other businesses, challenged Emergency Order 3, arguing that the order was invalidly enacted. Wisconsin Stat.

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Wisconsin diocese sues state corrections department over COVID-19 restrictions

JURIST

The Archdiocese of Wisconsin filed suit Friday against the Wisconsin Department of Corrections (DOC), alleging that the department’s COVID-19 policy restricting ministers’ access to prisoners violates state law. To address COVID-19 concerns, the Wisconsin DOC adopted a policy temporarily suspending all visits.

Statute 211
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Wisconsin Supreme Court Rules Sidewalks are Not “Pedestrian Ways” to Allow for Eminent Domain Seizures

JonathanTurley

In Charles Dickens’ Oliver Twist , a court informs the irascible character of Mr. Bumble that it assumes a level of control of his wife’s conduct. Mr. Bumble responds that “if the law supposes that, the law is a ass – a idiot.” Village of Egg Harbor that a sidewalk is not a “pedestrian way.”

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Ohio Supreme Court rules judges not required to defer to state agency interpretations of ambiguous laws

JURIST

The Ohio Supreme Court Thursday ruled that Ohio courts do not have to defer to a state agency’s interpretation of an ambiguous law. The Hamilton County Court of Common Pleas reversed the Board’s decision without affording any deference to the agency’s interpretation of the relevant statute.