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 ...
Making even the Health Department “emergency” orders null and void.
Just
Don’t
Comply
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........
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.
Always stunned when a _modern_ court can actually rule accurately; according to the written law.
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!
How can they fine anyone for something that is not the law?
I mean what happens if they refuse to pay the fine?
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.
Could get inconvenient next time you go to renew a vehicle registration or something like that.
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.