Michigan Supreme Court Finds Gov. Whitmer ‘Lacks Authority’ For COVID Shutdowns
A defiant Whitmer insists that her lockdowns “will continue under alternative sources of authority that were not at issue”
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Michigan governor Gretchen ‘Lockdown Queen’ Whitmer was dealt a blow by a legal decision issued by the state’s Supreme Court. The opinion was in answer to a federal court’s questions about Michigan law. The federal court will determine the next steps.
The Court’s ruling found, in part, that the “Governor did not have authority after April 30, 2020, to issue or renew any executive orders related to the COVID19 pandemic under the EMA [Emergency Management Act of 1976].”
WHOA.
Michigan Supreme Court rules against @GovWhitmer's use of 1945 emergency powers law in #COVID19 pandemic, says 145 law "is in violation of the Constitution of our state because it purports to delegate to the executive branch the legislative powers of state government…" pic.twitter.com/sIP7Pd6X6r
— Chad Livengood (@ChadLivengood) October 2, 2020
Michigan’s Supreme Court on Friday struck down Gov. Gretchen Whitmer’s orders to extend a coronavirus-related state of emergency past April 30 without legislative approval.
The court ruled 4-3 that Whitmer’s decision to declare a state of emergency without approval from state legislators was unconstitutional, citing the 1976 Emergency Management Act, which states that “after 28 days, the governor shall issue an executive order… declaring the state of disaster terminated” or request an extension.
The plaintiffs in the case were health care providers who could not perform nonessential medical procedures due to the extension, according to the majority opinion.
“The court has restored the voices of 10 million Michiganders by reaffirming the constitutional protections of checks and balances afforded through the separation of powers,” Patrick Wright, vice president for legal affairs at the Mackinac Center, which brought the lawsuit against Whitmer that led to the decision, said in a statement.
Needless to say Whitmer was not happy with the ruling and vowed to continue her draconian, economy- and life-destroying lockdown measures regardless.
Fox News continues:
She added that the ruling “does not take effect for at least 21 days, and until then” she will continue to use her emergency powers, and “after 21 days, many of the responsive measures” she put in place to control the spread of COVID-19 “will continue under alternative sources of authority that were not at issue” during Friday’s ruling.
Statement from Governor Whitmer on Michigan Supreme Court Ruling on Emergency Powers: pic.twitter.com/kQKiAjD6gp
— Governor Gretchen Whitmer (@GovWhitmer) October 2, 2020
You can read the court’s summary of the opinions here.
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Ron Coleman
Comments
Big Sister’s 1984 power grab is over.
A wise man once said: “”It ain’t over till it’s over”. These governors of Michigan, Pennsyvania, New Jersey, New York and California are essentially no different than other dictators down through history that will use human life to push their agendas. These governors simply wanted to ramp up the mortality rates as high as possible for their own political purposes and they will NOT stop pursuing these avenues until completely out of power! They may be checked or limited one way, but will seek out others to suit their nefarious purposes.
The Washington State constitution has a HUGE problem with giving the governor unchecked power for an un-ending amount of time.
The state of emergency claus should kick back to the legislature at some point for ongoing approval, but it doesn’t. So we have King Inslee.
It’s Washington of course, so Seattle will re-elect him.
And Trump beats the bug in three days.
He is going to have to take the FDA to task.
If we had access to treatment, and could all be over it in 3 days, there would be no excuse for a lock-down, and little need for a vaccine.
“Just an FYI on the effect of Supreme Court opinions. The Governor’s claim that her unconstitutional executive orders are still law for 21 days is incorrect. The 21 days she is referring to has to do with when a judgment is entered in the particular case before the Court, and when the deadline is to file a motion for rehearing. But the legal rule announced by the Supreme Court in an opinion is the law of the State of Michigan the moment it is announced. For example, if the Court held in an opinion that it was unconstitutional for the police to search your car without a warrant, the police couldn’t say, ‘well, we can still conduct unconstitutional and illegal searches for 21 more days.’ The citizenry would rightly be outraged. It is similarly outrageous for the Governor to claim that she can continue to violate the constitution for another 21 days. Every single judge in the State of Michigan is legally obligated to follow the Supreme Court’s opinion as of this moment forward.”
Aaron Gauthier is the chief judge of Michigan’s 53rd Circuit Court in Cheboygan County.
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