In a 4-3 decision on November 4^th, the Wisconsin Supreme Court declined to bypass the court of appeals and take up the capacity limit case brought by The Mix Up and Pro-Life Wisconsin. The suit challenges Gov. Evers’ 25% capacity limit on indoor gatherings. After a back and forth of blocking and reinstating the rule at the circuit court level, he court of appeals issued a temporary injunction stopping the order for now, finding that the appellants were likely to succeed on the merits of their case. The four conservative justices voted against taking up the case on bypass, without offering an opinion. The court’s three liberal justices joined in a dissent, saying that they would take the case up to help give certainty in the law during the pandemic.