Month: October 2020

The Evers administration is asking the state Supreme Court to take over a challenge to the limits on indoor public gatherings, arguing the case involves “immediate, life-threatening public health conditions.”

The 3rd District Court of Appeals last week placed the order on hold as it reviews a circuit court judge’s ruling that had upheld the order.

At the heart of that case is a dispute over whether the Evers administration should’ve issued the limits on public, indoor gatherings through the administrative rules process, which gives lawmakers oversight of agency actions.

In May, the state Supreme Court in a 4-3 ruling overturned an extended stay-at-home order, finding it should’ve been issued through the administrative rules process.

But DOJ argued that ruling didn’t address a statute giving the DHS secretary the power to close “schools and forbid public gatherings in schools, churches and other places to control outbreaks and epidemics.”

DOJ argued the limits on public, indoor gatherings were issued under that statute and the court needs to clarify whether its May ruling applies to that provision in state law as well.

It also argued the case would eventually end up before the justices anyway, regardless of what the 3rd District decides.

Third-quarter gross domestic product, a measure of the total goods and services produced in the July-to-September period, expanded at a 33.1% annualized pace, according to the department’s initial estimate for the period.

The gain came after a 31.4% plunge in the second quarter and was better than the 32% estimate from economists surveyed by Dow Jones. The previous post-World War II record was the 16.7% burst in the first quarter of 1950.

Q3 growth came amid a resurgence in consumer activity, which accounts for 68% of GDP. Though most of the country remained in a cautious reopening, shoppers began returning to stores and the bar and restaurant industry entered the first tepid phase of resuming business despite restrictions on capacity.

Personal consumption increased 40.7%, while gross private domestic investment surged 83% amid a 59.3% increase on the residential side.

The IRS on Monday released the updated tax brackets for the 2021 filing season, which have been modified to reflect inflation.

Taxpayers fall into one of seven brackets: 10%, 12%, 22%, 24%, 32%, 35% and 37%. While those rates will remain unchanged in 2021, the tax brackets have been indexed to keep pace with cost-of-living adjustments.

These rates are in effect for 2021 and will be used to prepare your tax returns in 2022. You can find the tax brackets for 2020 here.

The IRS has also increased the standard deduction — a flat dollar amount that reduces the amount of your income that’s subject to taxes — for 2021. For individuals and married couples filing separately, the deduction rose to $12,550, up $150 from this year. For married couples filing jointly, the deduction jumped to $25,100, an increase of $300.

Heads of households will also see an increase in their standard deduction next year: $18,800, up $150 from this year.

The United States Senate voted 52-48 on Monday night to confirm Amy Coney Barrett to the Supreme Court in a move that makes the 7th Circuit Court of Appeals judge and Notre Dame law professor the third appointment to the high court by President Trump.

The last president to nominate three new justices to the Supreme Court was Ronald Reagan.

Monday’s vote marked the end of a confirmation process that lasted less than 40 days from when late Justice Ruth Bader Ginsburg died to when her successor, Barrett, was confirmed.

Justice Clarence Thomas administered the Constitutional Oath to Barrett at the White House on Monday night, while Chief Justice will administer the Judicial Oath to her in a private ceremony at the Court on Tuesday.

Wisconsin’s public health restrictions on bar and restaurant capacity have again been blocked, this time by a state court of appeals.

In a 2-1 ruling Friday, the court reissued a temporary injunction in the case, ruling that plaintiffs were likely to succeed in their appeal.

The Tavern League did not appeal that ruling, but a new group of plaintiffs did. They include The Mix Up, Inc., a bar and grill in Amery, northwest of Eau Claire, as well as Liz Sieben, the business’ owner. They also include the group Pro-Life Wisconsin and its president, Daniel Miller.

Friday’s 2-1 ruling from Wisconsin’s District 3 Court of Appeals again blocked the administration’s limits and set an expedited schedule for a full appeal. Judges Mark Seidl and Thomas Hruz formed the majority opinion while Judge Lisa Stark dissented.

U.S. home sales are through the roof, according September numbers presented by the National Association of Realtors (NAR).

Sales of existing homes spiked 9.4% in September to a seasonally adjusted rate of 6.54 million, marking the fourth consecutive month of growth in the housing market across all four major regions classified by the NAR.

Home-buying is also exceeding pre-pandemic levels, as September’s sales were up 20.9% over the same month in 2019.

“Home sales traditionally taper off toward the end of the year, but in September they surged beyond what we normally see during this season,” said Lawrence Yun, NAR’s chief economist, in a press release. “I would attribute this jump to record-low interest rates and an abundance of buyers in the marketplace, including buyers of vacation homes given the greater flexibility to work from home.”

Median home prices increased in every region as well, with September’s median price at $311,800, as compared to $271,500 in Sept. 2019.

Yesterday, the Department of Workforce Development (DWD) announced that the department has deployed the Lost Wages Assistance (LWA) program. DWD began releasing benefits Thursday, October 15 and will continue making payments over the next week.

The LWA program is a Federal Emergency Management Agency (FEMA) program that provides an additional $300 per week to eligible claimants who certify that they are unemployed or partially unemployed due to disruptions caused by COVID-19 and whose weekly benefit rate is at least $100 in one of the following unemployment-related assistance programs: regular Unemployment Insurance (UI), Pandemic Unemployment Assistance (PUA), Pandemic Emergency Unemployment Compensation (PEUC), or Trade Readjustment Allowance (TRA).

FEMA approved Wisconsin for the LWA program on September 1. The LWA benefit payments are estimated to result in another $224 million in the hands of Wisconsinites.

Payments from the LWA program will be made retroactively to eligible claimants for up to six weeks: the weeks ending August 1, August 8, August 15, August 22, August 29, and September 5, 2020. FEMA will not fund any weeks after September 5, 2020. DWD estimates up to 220,000 claimants may be eligible for LWA.

For more information, please visit https://dwd.wisconsin.gov/uiben/lwa/

Governor Tony Evers announced Tuesday, an estimated $256.4 million in tax relief for Wisconsin taxpayers as a result of the additional revenue collected by the Department of Revenue (DOR) from out-of-state retailers and marketplace providers for the twelve-month period ending September 30, 2020.

A 2018 decision by the U.S. Supreme Court in South Dakota v. Wayfair expanded the state’s authority to require out-of-state retailers and marketplace providers to collect and remit sales and use tax during the period beginning October 1, 2019 and ending September 30, 2020.

This revenue estimate is based on tax amounts reported by filers who registered to collect taxes after the Wayfair decision and are located outside of the state. Additional revenue reported by marketplace providers is included in this amount as the marketplace provisions included in 2019 Wisconsin Act 10 took effect January 1, 2020.

Act 10 also defined a marketplace provider and required them to collect and remit sales and use tax on taxable sales they facilitate online on behalf of third-party sellers beginning on January 1, 2020, creating a more level playing field between brick and mortar stores and online retailers.

Bars, restaurants and stores in Wisconsin once again have to count the number of people who walk through the front door.

A judge in Barron County on Monday reinstated Gov. Tony Evers’ emergency order that places a 25% limit on customers.

The ruling in Barron County comes just days after a judge in Sawyer County ruled for the Tavern League and its members. The crowd cap limit was frozen over the weekend. Sawyer County Judge James Barber had asked the head of Wisconsin’s Department of Health Services to come to his courtroom Monday and defend the ruling.

The judge said the Tavern League and its members’ bars did not prove the order actually hurt their business.

“There’s no showing of irreparable harm,” Barber wrote. “I merely have the theoretical issue that if they were to comply, they would suffer harm.”

Barber also asked for the Wisconsin Supreme Court to settle the issue.

“I beg the Supreme Court for clarity because should this issue be decided by them, trial judges need to know how they need to rule,” Barber said.

Evers applauded the judge, and once again said his order will help protect people from the coronavirus.

The lobbyist for the Tavern League told the Milwaukee Journal Sentinel that a limit on customers will hurt businesses across the state. But the Tavern League is going to tell its members to go along with the order.

Although a coronavirus vaccine isn’t yet available, local health departments in Wisconsin are already working on strategies to distribute vaccinations to millions of residents. The planning is still in the early stages, but drive-thru immunization is one strategy being pursued, with some health departments scheduling practice runs using the seasonal flu vaccine.

Friday was the final day for states to submit vaccination distribution plans to the U.S. Centers for Disease Control. Wisconsin Department of Health Services spokeswoman Jennifer Miller wrote in an email that the agency has submitted an initial draft.

“We are awaiting more information from the federal level to inform the implementation of this plan and will update it accordingly,” Miller wrote.