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2020-04-30 Home Front: Culture Wars

Court sides with Gov Whitmer in case claiming stay home order violated constitutional rights

[FoxNews] The Michigan Court of Claims sided with Gov. Gretchen Whitmer and denied a motion for preliminary injunction holding that the current Stay Home, Stay Safe executive order, and earlier versions of it, did not infringe upon the constitutional rights of Michigan residents, Attorney General Dana Nessel said in a statement.

Posted by g(r)omgoru 2020-04-30 03:27|| || Front Page|| [11134 views ] Top

#1 Michigan's Governor Whitmer wants free college for front-line virus workers

Posted by g(r)omgoru 2020-04-30 03:29|| 2020-04-30 03:29|| Front Page Top

#2 If Martial Law is declared and government via FEMA and military regions is imposed, the constitution is set aside until the crisis is past.

What you have now is a Morgan & Morgan litigate disaster waiting to happen. I believe the US Senate is examining a financial set-aside for litigation compensation right now.

Posted by Besoeker 2020-04-30 05:07|| 2020-04-30 05:07|| Front Page Top

#3 Figures. Why am I not surprised? Just noticed something:. Looks like Whitmer has a nice rack.

Posted by Clem 2020-04-30 05:37|| 2020-04-30 05:37|| Front Page Top

#4 'Michigan' court. Not that the national level is any guarantee of wisdom - Scott, Plessy, Slaughterhouse.

Posted by Procopius2k 2020-04-30 07:38|| 2020-04-30 07:38|| Front Page Top

#5 Judicial system is a joke. Tommy Jefferson was correct.

Posted by Clem 2020-04-30 07:45|| 2020-04-30 07:45|| Front Page Top

#6 ^ Clem got me wondering - so I looked it up - the money shot:
"A judiciary independent of a king or executive alone is a good thing; but independence of the will of the nation is a solecism, at least in a republican government."

Posted by Mercutio 2020-04-30 09:42|| 2020-04-30 09:42|| Front Page Top

#7 We are no longer free. The Soviet Union has less restrictions and more freedom than the United states. Our governors have shredded the constitution using the commerce clause and other add ons. We as a nation are at an impasse, not very far from a kinetic response....

Posted by 49 Pan 2020-04-30 13:00|| 2020-04-30 13:00|| Front Page Top

#8 The Soviet Union has less restrictions and more freedom than the United states.

On paper, sure. But I don’t see wholesale looney bin or jail lock-ups for those who disagree with the party line, 49 Pan. For that matter, I don’t see retail looney bin or jail lock-ups for the crazies living homeless on the street, either.

And as President Trump and Senator Mitch McConnell continue the assembly line of judicial appointments, the federal judiciary is becoming ever more serious, which will to some extent constrain state-level nonsense as it goes through appeals — the ~~best~~ most ambitious of the state level judges must aspire to a presidential tap on the shoulder, which means rulings that do not cause derisive laughter in the chambers of the Supreme Court.

Posted by trailing wife 2020-04-30 15:17|| 2020-04-30 15:17|| Front Page Top

#9 Oh, and I looked up the Michigan Court system:

CourtsSupreme Court
Court of Appeals
Court of Claims
Trial Courts

So we’re dealing with a motion for a temporary injunction at the first appeals level on the way to the Michigan supreme court — not anywhere close to a final ruling, or even a semifinal one. Though by the time they do get to something final, this all will be over and returned to normal.

Posted by trailing wife 2020-04-30 15:58|| 2020-04-30 15:58|| Front Page Top

#10 Needs to be driven home to set precedent.

We have similar problems in Kansas. The Governor said we can't go to Easter or any services. Congress said, technically you can only suggest as an order violates the Constitution. Supreme Court said Governor's word is law. That didn't sit well at all.

Second, the arbitrary tracking of phone/PED locations without warrant, or really any justification other than, yeah we do that now so forgetaboutit. Doesn't sit well either.

Lastly, these New Power Off the Cuff do not seem to have an expiration date. Suspending the State Constitution should not be arbitrary, and there should be a time frame for a go/no go on emergency declaration. I think this is why Gov. Cat Lady backed down on the suspension of Easter services because suspending the constitution was evident with with the Supreme Court's fig leaf.

Don't get me started on how Supreme Court Judges in Kansas get nominated. If you think they are conservative, you'd be quite wrong.

Posted by swksvolFF 2020-04-30 17:16|| 2020-04-30 17:16|| Front Page Top

#11 Justice Samuel Alito this week ordered the Pennsylvania government to respond to arguments from a variety of Pennsylvanians asking the Supreme Court to halt enforcement of Gov. Tom Wolf's strict stay-at-home order, aimed at fighting the coronavirus, because they say it is unconstitutional. - cite

I think I just heard a warning shot as in 'show cause'.

Posted by Procopius2k 2020-04-30 19:25|| 2020-04-30 19:25|| Front Page Top

#12 TW, I do love my country. As you know. Every time some governor or official cuts into our constitutional rights I get upset. I don't care if its an ordinance over chewing gum or something like this. You see church goers going to jail and being fined, a guy being tackled and handcuffed for not social distancing from his child, and on and on. This is wrong at every level, and as much as I am a Trump follower, and will vote for him again, this is wrong. Now everyone will say we did this to save lives, that's was a good ask until we realized three weeks ago the numbers are not adding up. People will still say that staying home saves lives, if you feel that way stay home, not you TW, generally speaking. Peoples safety from this virus do not supersede my god given constitutional right. Not one here's health is more important than my constitutional rights. This has gone from a good ask to over control by a federal government. And yes, you can walk through the park holing your kids hands, you can go to church, and you can go to the synagogues in Moscow, but not in America. Not right now.

Posted by 49 pan 2020-04-30 20:21|| 2020-04-30 20:21|| Front Page Top

#13 ^ Yet Homeless on the sidewalk next to each/on mass transit/OB Seawall are OK. They crack on the law-abiders and taxpayers because we listen. Will come a time we don't. Respect for the law is a precious thing. They better learn...soon. Sheriff Bill Gore is one

Posted by Frank G 2020-04-30 20:35|| 2020-04-30 20:35|| Front Page Top

#14 He's a bundle of fun on CCW permits as well, former FBI Guy

Posted by Frank G 2020-04-30 20:37|| 2020-04-30 20:37|| Front Page Top

#15 Right there with you Pan, though I'd say state governments instead of federal.

In fact, I was folding clothes and considering the closing of businesses seemingly arbitrarily and by decree, especially gun stores, when Trump's presser was on and he declared guns and ammo are essential services, I about high-fived the ceiling fan.

Posted by swksvolFF 2020-04-30 21:54|| 2020-04-30 21:54|| Front Page Top

#16 As you know.

Of course I know, my dear — you have nothing to prove to me or anyone, and I am grateful for it. It’s just that I want a certain amount of accuracy in my hyperbole. ;-)

It’s been hard with everyone at every level overreacting to the early projections based on the information given out by China, and there are certainly people at various levels of power who are getting carried away and need pushback. But as we are seeing in California with the beaches and Michigan with whatever she backed down over, while the petty tyrants would love nothing more than to create a new normal that lets them destroy us, they are already realizing the limits of this temporary situation and starting to back away, led by the example of President Trump.

In these fraught times it’s important to reach for calm and perspective — OODA, right? And remember who put on jackboots during these weeks, because we will need to drive them from public life in November.

Posted by trailing wife 2020-04-30 22:31|| 2020-04-30 22:31|| Front Page Top

#17 I believe that accuracy to be correct.

Posted by swksvolFF 2020-04-30 22:42|| 2020-04-30 22:42|| Front Page Top

#18 Thanks TW, every restriction is one in the wrong way and must be met with overwhelming opposition. But that's just me.

Posted by 49 Pan 2020-04-30 23:12|| 2020-04-30 23:12|| Front Page Top

#19 I don’t have the energy to fight every one — I have to pick carefully even just what to get upset about.

Posted by trailing wife 2020-04-30 23:21|| 2020-04-30 23:21|| Front Page Top

#20 The battle that matters most is the one that takes place Nov. 3.

Posted by Lex 2020-04-30 23:30|| 2020-04-30 23:30|| Front Page Top

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