That means, the complaint said, the latest order amounts to a unilateral extension of his original state of emergency, which is “unlawful.” 

“This lawsuit is not about whether masks are good or bad, or whether Wisconsin ought to do more, or less, to address COVID-19,” WILL head Rick Esenberg said in a statement. “It isn’t even about whether the state should have a mask mandate. This lawsuit is about our system of government and the rule of law. Governor Evers cannot seize these time-limited emergency powers more than once without legislative approval.”

Evers spokeswoman Britt Cudaback in a statement slammed Republicans for aiming to prevent moves to bolster the health and safety of Wisconsinites. 

“From safer at home to the April election and now masks, they’ve filed more lawsuits than they have passed bills during this pandemic,” she added. “We know requiring masks and face coverings will help us save lives, and Gov. Evers will continue listening to science and public health experts in making the best decisions for the people of our state.”

The underlying public health order and basis for the mask mandate, the complaint noted, could likely serve as a way to “issue any number of additional measures … including travel bans, lockdowns and the closing of businesses, churches and outdoor gatherings,” though Evers has not issued any follow-up mandates in the nearly four weeks since this went into effect.