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State Supreme Court schedules arguments in Dane County school order case for December

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Wisconsin state Supreme Court chambers in the state Capitol in Madison. File photo/WKOW.
Wisconsin state Supreme Court chambers in the state Capitol in Madison. File photo/WKOW.

MADISON (WKOW) -- The Wisconsin Supreme Court set a date for when it will hear arguments in the case against Dane County's health order blocking in-person classes for those in grades three through 12.

In an order sent Wednesday evening, the court said its injunction against parts of Emergency Order #9 will remain in effect. The state Supreme Court put the injunction in place last week.

Oral arguments in the case will not be made until Dec. 8 at 9:45 a.m. The scheduling effectively blocks Dane County from regulating school attendance for at least the next several months.

In its injunction, the court said that it believes the group bringing the case against Dane County is likely to win because Wisconsin statutes give the power to close schools during epidemics to the state Department of Health Services. Local health officials do not have the same authority under state law.

The court originally issued an injunction last week that blocked the parts of the Dane County order which prevent students in grades three through 12 from attending in-person classes.

The injunction does not affect aspects of Emergency Order #9 that regulate other areas like business reopenings and a county-wide mask mandate.

Dane County originally issued the order in August before amending it to allow students with special needs to attend class. It went into effect Aug. 24.

JT Cestkowski

Social Media Content Producer/Desk Editor

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