You have commented 339 times on Rantburg.

Your Name
Your e-mail (optional)
Website (optional)
My Original Nic        Pic-a-Nic        Sorry. Comments have been closed on this article.
Bold Italic Underline Strike Bullet Blockquote Small Big Link Squish Foto Photo
Home Front: Politix
Michigan Supreme Court rules against Whitmer on emergency powers
2020-10-03
[FREEP] The Michigan Supreme Court issued a split decision late Friday that ruled against Gov. Gretchen Whitmer
...Her Excellency, the dictator of Michigan, 2020 Dem VP contender...
in a battle over her power to extend emergency declarations used to mandate COVID-19 restrictions over the last five months.
The court's decision throws into question dozens of orders issued by Whitmer related to the coronavirus (aka COVID19 or Chinese Plague)
...the twenty first century equivalent of bubonic plague, only instead of killing off a third of the population of Europe it kills 3.4 percent of those who notice they have it. It seems to be fond of the elderly, especially Iranian politicians and holy men...
pandemic, appearing to void them.

"Today’s Supreme Court ruling, handed down by a narrow majority of Republican justices, is deeply disappointing, and I vehemently disagree with the court’s interpretation of the Michigan Constitution. Right now, every state and the federal government have some form of declared emergency. With this decision, Michigan will become the sole outlier at a time when the Upper Peninsula is experiencing rates of COVID infection not seen in our state since April," Whitmer said in a statement late Friday.

"It is important to note that this ruling does not take effect for at least 21 days, and until then, my emergency declaration and orders retain the force of law. Furthermore, after 21 days, many of the responsive measures I have put in place to control the spread of the virus will continue under alternative sources of authority that were not at issue in today’s ruling."

In the 4-3 ruling, the court determined the governor did not have the authority under state law to issue any additional emergency declarations pertaining to the pandemic after April 30. That was the last date when the legislature allowed the governor to declare an emergency.

"The governor’s declaration of a state of emergency or state of disaster may only endure for 28 days absent legislative approval of an extension. So, if the Legislature does nothing, as it did here, the governor is obligated to terminate the state of emergency or state of disaster after 28 days," said the majority opinion, written by Judge Stephen Markman.


Related:
Gretchen Whitmer: 2020-09-26 Republican party sues to stop late ballot ruling
Gretchen Whitmer: 2020-08-02 Gretchen Whitmer Blocks GOP Bill That Would Have Kept Coronavirus Patients Out Of Nursing Homes
Gretchen Whitmer: 2020-07-23 Reverse: Joe Biden Claims Gretchen Whitmer Back Under Consideration for VP
Posted by:Fred

#6  She can always transition to "mature pr0n..."
Posted by: M. Murcek   2020-10-03 10:44  

#5  So any fines, license terminations, et al since the 30 days was up have no legal basis.
Posted by: Procopius2k   2020-10-03 09:58  

#4  Too late as the damage is done and there will be another ‘stay’ for additional reviews........
Posted by: Airandee   2020-10-03 07:35  

#3  /\ A 1976 law says the Governor can do emergency stuff, but only for a month. Then approval of the Legislature is required to extend the emergency.
Now that would be an Amendment to the US Constitution that I would like to see enacted!
Posted by: magpie   2020-10-03 01:18  

#2  Long story short:

A 1945 law says the Governor can do emergency stuff for however long.

A 1976 law says the Governor can do emergency stuff, but only for a month. Then approval of the Legislature is required to extend the emergency.

Governor Dearest was using the 1945 law as cover for her various decrees. The court said, "Nope. That's unconstitutional under Michigan law."
Posted by: SteveS   2020-10-03 00:48  

#1  Translation from this cvnt's patois: "F you, bitches, I AM the law here!"
Posted by: Vernal Oppressor of the Hemps9740   2020-10-03 00:44  

00:00