If the plan is to try to move the election on his own, without Legislative action, I wonder if @GovEvers didn’t make a strategic error when he tried to call the Legislature into special session. If he does try, @wisgop and @AndrewHittGOP will undoubtably challenge it. 1/

It seems that the fact that the Legislature is now explicitly on record rejecting his call for the special session (remember, the Assembly actually convened today and dismissed it the session out of hand) weakens his case. 2/

The only real reason people have not challenged his executive orders bans the draconian measures like #SaferAtHome is because he has specific approval in the statutes (for 60 days). But now, on this particular issue, he has specific legislative rejection of his request. 3/

I think that will weigh heavily on any reviewing court. I’m paraphrasing, but my recollection is that the concurrence in Youngstown Steel seemed to indicated that the President’s emergency powers were at their low when specifically rejected by Congress. 4/

One might think that the same logic would apply here. That today’s overt rejection by the Legislature would put @GovEvers in a much weaker position than if he would not have tried the special session and just attempted to act under the emergency statute. #End