Michigan Supreme Court Finds Gov. Whitmer ‘Lacks Authority’ For COVID Shutdowns

Michigan Supreme Court Finds Gov. Whitmer ‘Lacks Authority’ For COVID Shutdowns

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

Fox News reports:

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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