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Michigan Supreme Court Again Rules Against Whitmer's COVID-19 Orders
MSN ^ | 10/13/20 | Celine Castronuovo

Posted on 10/13/2020 1:53:05 PM PDT by Enlightened1

The Michigan Supreme Court on Monday ruled against a request by Gov. Gretchen Whitmer (D) to delay the enactment of a previous court decision that determined she did not have the authority to continue a state of emergency amid the coronavirus pandemic.

On Oct. 2, the court ruled that neither the state's Emergency Management Act (EMA) from 1976 nor the 1945 Emergency Powers of the Governor Act (EPGA) gave Whitmer the right to extend her initial state of emergency order past April 30.

In a motion filed last week, Whitmer requested that the court allow more time before its ruling is put into effect so that there could be "an orderly transition during which some responsive measures can be placed under alternative executive authority and the Governor and Legislature can work to address many other pandemic-related matters that currently fall under executive orders."

However, the court denied her request in Monday's decision, upholding its reasoning in the Oct. 2 ruling that the court's "decision leaves open many avenues for the Governor and Legislature to work together to address this challenge" of the COVID-19 pandemic.

Whitmer had extended the state of emergency to the end of April by executive order after the Republican-led state legislature moved forward with a bill preventing her from renewing the original declaration.

The state Supreme Court also found in its earlier ruling that the EPGA violated the state's constitution, 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," Justice Stephen Markman wrote in the majority opinion.

"As a consequence, the EPGA cannot continue to provide a basis for the Governor to exercise emergency powers," he added.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections; US: Michigan
KEYWORDS: covid19; loses; supremecourt; whimer

1 posted on 10/13/2020 1:53:05 PM PDT by Enlightened1
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To: Enlightened1
Nit-Whitmer has already replaced most of her now-ruled unconstitutional E.O.s with Michigan Department of Health and Human Services orders.

https://www.mlive.com/public-interest/2020/10/read-the-full-order-that-dhhs-is-using-to-replace-40-whitmer-rules.html

2 posted on 10/13/2020 1:55:28 PM PDT by Yo-Yo ( is the /sarc tag really necessary?)
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To: Enlightened1

Making even the Health Department “emergency” orders null and void.
Just
Don’t
Comply


3 posted on 10/13/2020 1:57:12 PM PDT by Cletus.D.Yokel (Scatology is serendipitous.)
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To: Enlightened1

4 posted on 10/13/2020 2:11:16 PM PDT by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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To: Enlightened1

I can picture her in the darkened basement of the governor’s mansion, stirring her cauldron and jabbering new orders to her gathered flying monkeys........


5 posted on 10/13/2020 2:15:43 PM PDT by Viking2002 (When aliens fly past Earth, they probably lock their doors.)
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To: Enlightened1

It’s an interesting legal approach: “Those things you told me I couldn’t do? I want you to give me more time to find a way to do them anyway.” Unsurprisingly, the judge was less than enamored.


6 posted on 10/13/2020 2:17:06 PM PDT by Billthedrill
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Always stunned when a _modern_ court can actually rule accurately; according to the written law.


7 posted on 10/13/2020 2:33:06 PM PDT by veracious (UN=OIC=Islam; USgov may be radically changed, just amend USConstitution)
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To: Enlightened1; All

Excellent news!

Three of our Wisconsin Counties are suing Governor Evers (Douche, WI) over his MANDATORY Mask Decree. It was struck down once, but now the pencil-necked geek has extended it to November 21st. Kids 5 and older and all adults must wear a mask in public. $200 fine if not - though I haven’t read reports of anyone being fined.

However, I was in Walmart, today. No signs on the doors demanding masks, no one at the door counting the number of people inside as before. Staff were wearing them; some customers were, some weren’t.

They re-opened all of the doors now, instead of herding us through one chute like cattle, hosing us down with Lysol as we moseyed through. MOOO!

I think everyone is sick of it. I know I sure am!


8 posted on 10/13/2020 2:49:21 PM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust post-Apocalyptic skill set.)
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To: Diana in Wisconsin

How can they fine anyone for something that is not the law?

I mean what happens if they refuse to pay the fine?


9 posted on 10/13/2020 3:40:56 PM PDT by Enlightened1
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To: Viking2002
"I can picture her in the darkened basement of the governor’s mansion, stirring her cauldron and jabbering new orders to her gathered flying monkeys........ "

The monkey-in-chief watches you.


10 posted on 10/13/2020 4:20:56 PM PDT by clearcarbon
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To: Enlightened1

You’d be free to take the issue to court, I’d assume.

Use up a vacation day, argue the case, and if you get a lawyer to help you it’s going to cost a lot more than paying the fine.

I would just not pay it, and see if they threaten to issue an arrest warrant.


11 posted on 10/13/2020 4:34:28 PM PDT by NorthWoody (Half of all people are below average, and half of those are in the bottom 25%.)
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To: Enlightened1

Could get inconvenient next time you go to renew a vehicle registration or something like that.


12 posted on 10/13/2020 5:43:25 PM PDT by HartleyMBaldwin
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To: Enlightened1

Obviously the reason they’re NOT enforcing it.

They could’ve made a few thousand bucks at Walmart today, with the number of unmasked Patriots milling around, LOL!

It’s just stupidity all the way around with Socialist Democrats. There’s really no reason to fear them - they’re just tin-pot dictators when the electorate allows them to be.


13 posted on 10/13/2020 8:12:45 PM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust post-Apocalyptic skill set.)
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