Opinion: Conservative courts say they can't set health policy — and then they do it anyway

When the Wisconsin Supreme Court struck down Democratic Gov. Tony Evers’s mask mandate in late March, the message was clear: Don’t blame us. We do law, not health policy. In its ruling in Fabick v. Evers, the court did not question the severity of the coronavirus pandemic. Nor did it deny that the pandemic constituted a public health emergency, as defined by the state’s emergency powers act.