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Michigan Barber Wins in Court Against Gov. Whitmer: 'Health Department Failed to Show Threat'
PJ Media ^ | 05/23/2020 | Megan Fox

Posted on 05/23/2020 7:39:49 AM PDT by SeekAndFind

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To: DannyTN
Which made the Sheriff irrelevant except to the extent his decision influenced the court.

In most jurisdictions in this country the sheriff is the supreme law enforcement officer in his county, not city cops, not state police. A duly elected sheriff could arrest these non-elected government appointed clowns if he chooses to do so.

"We the people....."

61 posted on 05/23/2020 9:36:39 AM PDT by Karl Spooner
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To: DannyTN
And a sheriff that doesn’t want to enforce the law

We have three branches of government here in Michigan Danny and the Governors office doesn't make laws. The governor's office responsibility is to see that the laws enacted by the legislature are enforced.

Back in April, the citizens of Michigan voted via their state representatives, not to extend the governors stay at home order beyond April 30..........

Michigan's governor has ignored the actions of the state legislature and via her questionable Executive power, has repeatedly issued the stay at home order.........

Any local law enforcement agency who issues citations or conducts arrests for violating the governor's order is obeying one individual only, not the state government.

62 posted on 05/23/2020 9:40:15 AM PDT by Hot Tabasco
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To: DannyTN
Well what matters is that he elected officials have decided that it is a threat.

Not in Michigan Danny. As I stated previously, the state legislature voted against an extension of her EO beyond April 30........

So what do you call an elected official who ignores the rulings of the very government they preside over?

63 posted on 05/23/2020 9:47:43 AM PDT by Hot Tabasco
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To: Dr. Sivana
When the order is illegal

Assistant Attorney General Joseph Potchen said. “It’s not how our legal system works.

Potchen believes that laws are passed and enforced by the bureaucratic state not the state assemblies and executive.

64 posted on 05/23/2020 9:47:46 AM PDT by SKI NOW
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To: Hot Tabasco

I think the 1976 law should be applied and the order overturned on the grounds that the 1976 law superseded the 1945 one. But I don’t think the second judge should have ruled that a threat didn’t exist. There is clearly a threat.

It’s a bit of a mess because your 1976 law didn’t specifically modify the 1945 law. And that’s given wiggle room for a democrat judge to say that the full 1945 powers still exist.

A resolution by your legislature doesn’t overturn passed legislation.

I wouldn’t be surprised to see that first judge overturned in appeals and the 1976 law applied. Which would make the Governor’s order past 28 days invalid under the state’s constitution for lack of a legislative authority.

But until an appeals court overturns the state judge’s ruling, the Governor appears to be within her authority.

Ruling that a threat doesn’t exist needs an extraordinary justification which the second judge just doesn’t have.


65 posted on 05/23/2020 9:53:40 AM PDT by DannyTN
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To: Hot Tabasco

See post 65.


66 posted on 05/23/2020 9:54:32 AM PDT by DannyTN
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To: SeekAndFind

Michigan’s attitude, more and more:

Buck that fitch.


67 posted on 05/23/2020 9:57:24 AM PDT by ExGeeEye (For dark is the suede that mows like a harvest.)
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To: Regulator
"Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States."

Every filthy governor/mayor who committed these crimes starting with Whitmer through Lightfoot should receive a midnight USMS swat raid, be charged and convicted. Ditto for alI enabling police. If there were any justice.

68 posted on 05/23/2020 10:24:23 AM PDT by Bonemaker (invictus maneo)
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To: SeekAndFind

People can’t simply say, ‘I don’t agree’ and do whatever they want,” Assistant Attorney General Joseph Potchen said. “It’s not how our legal system works.”

They can when the law came out of someone’s ass and is totally unconstitutional.


69 posted on 05/23/2020 10:34:43 AM PDT by TalBlack
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To: DannyTN
I think that's a bad ruling since the 1976 act was clearly meant to provide some legislative oversight of the powers in the 1945 act. But since the 1976 act didn't specifically amend the 1945 act, I guess it's up to the judges in the appeals court and state supreme court to decide.

So the judge could have gone with the 1976 rule and not the 1945 rule and still make a correct decision???

The old act has no time restrictions but the 1976 act of the same name added restrictions...And you and the judge don't know which order is the right one???

70 posted on 05/23/2020 10:37:11 AM PDT by Iscool
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To: DannyTN
You have a 105 year old SCOTUS precedent upholding such emergency powers as constitutional, saying that communities have the right to protect themselves against threats such as contagious diseases.

I don't think they meant that the gov't could lock you in your house to keep the disease at bay...I suspect they meant you, the individual could use what means/force were necessary to keep diseased people from entering your house, including gov't thugs who could very well bring the disease with them...

71 posted on 05/23/2020 10:42:07 AM PDT by Iscool
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To: DannyTN

Again fine change the law.”

The Barber didn’t have to change any law he told the Governor to feck off.


72 posted on 05/23/2020 10:42:24 AM PDT by TalBlack
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To: DannyTN
It’s like if I say don’t run with scissors, and then people run with scissors fall and stab themselves.

Poor analogy. The fault position is not running with scissors. The default position is NOT wearing a mask.
73 posted on 05/23/2020 10:42:37 AM PDT by Dr. Sivana (There is no salvation in politics)
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To: Iscool
If the state wants to make that distinction they need to encode it in the law.

Two centuries of law guide legal approach to modern pandemic>

74 posted on 05/23/2020 11:02:15 AM PDT by DannyTN
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To: DannyTN

You’ll be easy pickings when it comes time for the Mark of the Beast. Won’t even see it coming.


75 posted on 05/23/2020 11:06:06 AM PDT by Rebelbase (The Church of BBQ does not discriminate. All meat is welcome.)
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To: Rebelbase
For there shall arise false Christs, and false prophets, and shall shew great signs and wonders; insomuch that, if it were possible, they shall deceive the very elect.

Think so? My faith is in Him who is able to keep that which I've committed unto him against that day.

Doesn't depend on me. It depends on Him.

This virus is real. It's not a deception.

"The prudent see danger coming and seek refuge. The simple continue and pay the penalty." Prov 22:3

76 posted on 05/23/2020 11:17:26 AM PDT by DannyTN
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To: Bayard

She’ll be elected again. Michigan likes her. But most of them are not too smart.


77 posted on 05/23/2020 12:24:09 PM PDT by abbastanza
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To: DannyTN
It’s not the opinion of the medical community

I'm not a doctor, nor did I ever play one on TV.

But I was a science writer for a couple of decades, and I learned the principles and logic of a wide variety of fields. I did some promotional writing on the side, and I actually researched and wrote the hard-bound, 12-page brochure introducing AZT, the first anti-AIDS drug, for the company that produced it, Burroughs-Wellcome. The brochure was for the docs they hoped would prescribe it, and it diagrammed and detailed the choreography between the virus and the molecular structure of AZT.

Anyway, the various recommendations of Fauci and Scarfi don't seem to square up. Their predictions come out wrong if you keep track--which can happen, okay--but their reasoning about dealing with viral outbreaks is often at odds with researchers I have heard and read. What's clear is that they are tight with the pharmaceutical companies and love the idea of vaccines and nothing else.

If you're dealing with huge populations who may encounter hundreds of pathogens in a lifetime, plus spontaneous mutations that the body has to learn to out-smart, vaccines can't do it all.

There are lots of variables, but many states and countries that have not locked everyone down against the WuFlu have had way better results than losers like New York State, where people still tiptoe into stores with masks half-covering their faces like timorous bandits.

78 posted on 05/23/2020 12:41:23 PM PDT by SamuraiScot (am)
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To: DannyTN

I think you misunderstood my post. For starters Trump is playing the governor like a fiddle. I remember reading a SCOTUS case last week that a local government was trying to keep a guy from drilling a well and he invoked interstate commerce clause since his farm product was was sold out of state (or something close to that).


79 posted on 05/23/2020 1:56:21 PM PDT by john316 (JOSHUA 24:15 ...choose you this day whom ye will serve...)
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To: DannyTN

“recommended” not ordered you lemming.


80 posted on 05/23/2020 2:01:18 PM PDT by Fledermaus (ONLY A MORON THINKS 6 FEET IS A MAGIC NUMBER!)
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