No one can reasonably claim that, after 5 months, there is still an “emergency” requiring the executive to wield dictatorial powers. If there needs to be laws regarding masks or lockdowns, then there has been plenty of time for the state legislatures to convene and pass them.
Justice John Devine wrote a concurrence in the Texas Supreme Court’s recent denial of a challenge to the lockdown order. He agreed, correctly, that there was no jurisdiction for a direct mandamus petition to the Texas Supreme Court in that case. But he also suggested that Governor Abbot’s orders and the Disaster Act that purportedly delegates sweeping powers to him violate the Texas Constitution: specifically the nondelegation doctrine and the Texas Constitution’s provision that only the legislature may suspend laws.
Hopefully someone gets this issue properly before the Texas Supreme Court sooner rather than later.
Exactly. These “emergency” orders should have ended withing 30 days and the various legislatures convinced handle it.
Whitmer just extended emergency order again. Of course, GOP sued her and Judge appointed by former Dem GOv Granholm sided with Whitmer. So GOP then asked for Michigan SC to hear the ruling to which 3 dems and one Republican Judge refused to hear the case and said it need to follow normal appeal case as it doesn’t meet their criteria that “harm will be done if not heard quickly”. They also said the deciding Judge doesn’t have to move it appeal Judge quickly due to same reason “ they don’t feel any harm will be done and should take the normal slow route”.
So here we are since March, since June Judge rulings with our GOv being able to extend emergency order indefinitely.
Once again Republican Judge sides with Dems.