‘Michigan Is Now Unlocked’: State Supreme Court Strikes Down Emergency Powers Law
The state of Michigan is now open for business. The Michigan Supreme Court found Gretchen Whitmer’s lock down is unconstitutional. Whitmer was using a law passed during WWII to effectively close down the state. But the court reviewed the law and found Whitmer did not have the power she claimed.
The Court concluded the Emergency Powers of Governor Act:
…is in violation of the Constitution of our state because it purports to delegate to the executive branch the legislative powers of state government–including its plenary police powers–and to allow the exercise of such powers indefinitely. As a consequence, the EPGA cannot continue to provide a basis for the Governor to exercise emergency powers.
The MSC ruled in favor of the Michigan legislature. They ruled that Whitmer had tried to hijack the legislative powers of the Michigan legislature. All of those businesses that have failed and all the ensuing bankruptcies can be laid at her feet.
Lee Chatfield wrote:
“The Supreme Court ruled today in agreement with the legislature that the 1945 law is unconstitutional.”
“The governor had no right to extend the state of emergency over the Legislature’s objection. Our Constitution matters, and this was a big win for our democratic process.”
Fred Wszolek, spokesman for Unlock Michigan told Breitbart News:
“Michigan is now unlocked.”
“We argued from the beginning that unlimited powers for a politician were a terrible idea. Today, we know that they are also unconstitutional.”
A justice of the Michigan Supreme Court raised pointed and repeated questions Wednesday about whether the 1945 emergency law relied on by Gov. Gretchen Whitmer was ever intended to deal with a health pandemic.
Justice David Viviano pressed the issue during oral arguments. Pointing out that the Emergency Powers of Governor Act was enacted in the wake of a 1943 race riot in Detroit. And was referenced in media reports at the time as providing the governor with the police powers needed to respond to such events without having to declare martial law.
Viviano also said that the emergency powers governors are using in most other states to address the coronavirus pandemic are public health statutes, and Michigan has similar provisions in its public health code to address pandemics, which have existed for a century or longer. In fact, he said some of those orders have been issued during the coronavirus pandemic by the director of the Department of Health and Human Services, though those orders appear redundant to emergency orders issues by Whitmer.
But today’s ruling will not bring relief to all of the businesses closed during her mad power grab. Now will it prevent bankruptcies of individuals who lost their jobs thanks to Whitmer. It may provide a reason to sue over the illegal acts. But many won’t have the money or the time to follow such a suit to the end result.
Michigan Court of Claims Judge Cynthia Stephens ruled in May ruled the order was lawful but for only 28 days. After that, the legislature would have to approve any extension. The legislature refused but Whitmer ignored the court order. In August, the Michigan Court of Appeals upheld Stephens’decision.
Whitmer’s actions violated the separation of powers in the state.
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