Posted on 05/21/2020 6:28:01 PM PDT by yesthatjallen
A state court in Michigan ruled that Gov. Gretchen Whitmer (D) has the authority to extend the state’s state of emergency, refuting claims made by GOP leaders in the legislature that she overstepped her authority.
The judge called claims by the Republican state lawmakers "meritless."
Judge Cynthia Stephen noted that Whitmer did exceed her authority by trying to extend the state of emergency under the Emergency Management Act of 1976, which requires approval by the legislature, acccording to the Detroit News.
However, the governor did have the constitutional authority to extend the state of emergency under the Emergency Management Act of 1945, the judge ruled.
"Through two distinct acts, stated in plain and certain terms, the Legislature has granted the governor broad but focused authority to respond to emergencies that affect the state and its people," Stephens said, according to the Detroit News.
SNIP
(Excerpt) Read more at thehill.com ...
Elections have consequences!
But John Roberts tells us that there are no political judges...
I'll take biased judges for $500 Alex.
Does not make sense. Emergency Management Act of 1945 is no longer relevant because of the updated provision that was passed in 1976?
It would have been “professional” if the author of this article described the Emergency Management Act of 1945. Was it solely a WW2 piece of legislation, a post-WW2 law, or designed solely for a specific emergency?
Intelligent Freepers want to know. but then again, it is probably written by one of “The Hill”’s leftist writers or imported hacks.
What you deliberately or incompetently leave out of an article is just as important as what you put in.
Remember the old philosopher’s adage of “Shit in, shit out”!
You beat me by 4 seconds. lol.
Make than 2 minutes and 4 seconds. Are optometrist essential businesses? I think I need my eyes checked.
The appeals court “judge” is a Democrat, so “Resistance”.
While I would have thought the 1976 act superceded the 1945 act, it sounds to me like the 1945 act should have modifed the 1945 act instead of creating a separate act.
Not a legal expert but I play one on FR.
I notice we both dragged the Resistance b*tch for outright fanatic partisan bias.
This will get appealed to the Michigan Supreme Court.
Many hospitals and clinics are EMPTY due to these lockdowns. Someone should do an analysis of how many deaths are caused by people not being allowed in hospitals and clinics for mammogram, colonoscopies, and other cancer diagnostic tests.
Yes of course. They get to decide what’s the law is. Even if it’s from Hammurabi.
Michigan Supreme Court: Looks like a 4-3 spit with 4 republicans
“Broad but focused”?
Sounds like today’s version of “deliberate speed”
Didn’t know you were a Michigan man / person.
What you deliberately or incompetently leave out of an article is just as important as what you put in.
Is this comment aimed at yesthatjallen or is this my bad?
I think it might be the plague of being a legislator, you just continue to make new laws and consider old laws like monuments of other legislators who came before you. Striking down somebody else’s work would be rude. The idea is new laws only. More laws are good laws. All we need are new laws.
Agree. You’re correct!!!
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