[T. P. Pole]

I've been scanning the decision. It seems to focus on the fact that the health secretary made an order that had a penalty (jail and a fine), and therefore it was a "rule" that should have come from the legislature and not the executive branch.

Going to be an interesting time as this all gets sorted out.

[Gahanna Bob]

Shocker! not

[Gay State Conservative]

Interesting. I’d be willing to bet that one of these closures will eventually reach SCOTUS...and given the gravity of this stuff I’d wager that they’ll accept the case.

[onona]

Noice

[conservativepoet]

Love it.

[wetgundog]

NOW MICHIGANDERS, Your Turn. Give Witmer a kick in the pants.

[SmokingJoe]

Hallelujah!
We are winning.
Over to you Michigan Supreme Court.
Do your thang.

[Regulator]

“it was a “rule” that should have come from the legislature and not the executive branch”

The central question of our time. Do the bureaucrats have the right to make laws by edict?

[Diana in Wisconsin]

YES! LIBERATE WISCONSIN!

Thanks for posting - I was just getting to the news of the day in between fixing supper. ;)

On, Wisconsin!

[max americana]

let’s get those judges here in CA so Nuisance will get a taste of his medicine..

[proud American in Canada]

Great news!

I’m sure my sister, a Liberal Democrat, will not approve of this state of affairs. She lives near Madison, or Madtown, as it is affectionately known.

[Gideon7]

I've been scanning the decision. It seems to focus on the fact that the health secretary made an order that had a penalty (jail and a fine), and therefore it was a "rule" that should have come from the legislature and not the executive branch.

Instead they will threaten to pull business licenses, which is what Tom Wolf is doing in PA.

[lee martell]

#Never-Evers!

[justme4now]

The feds are quick to jump when it involves White on Black Civil Rights Violations so ... Why don't they involve themselves when it involves ... Everyone's Civil Rights?

I don't understand why the feds don't put an end to the trampling of the peoples constitutional rights!?

Regardless of what or how individual state constitutions are written .. States are subject to the U.S. Constitution, same as the feds!

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.

This greatly expanded the civil and legal rights of all American citizens by protecting them from infringement by the states as well as by the federal government.

The third clause, "nor shall any State deprive any person of life, liberty or property, without due process of law," expanded the due process clause of the Fifth Amendment to apply to the states as well as the federal government.

Over time, the Supreme Court has interpreted this clause to guarantee a wide array of rights against infringement by the states, including those enumerated in the Bill of Rights (freedom of speech, free exercise of religion, right to bear arms, etc.) as well as the right to privacy and other fundamental rights not mentioned elsewhere in the Constitution.

In Marbury v. Madison (1803) the Supreme Court announced for the first time the principle that a court may declare an act of Congress void if it is inconsistent with the Constitution.

"All laws that are repugnant to the Constitution are null and void."
Marbury v. Madison

Everything that these dictators are doing is unconstitutional .. regardless of any State or added on Amendment laws!

As a citizen, not owned or working for the state and who's God Given Rights were affirmed by the Highest court in the land, I have the Right ... the duty, not to obey any unlawful order, just because some 'appointed' entity has deemed it a law!

[Diana in Wisconsin]

And the Money Quotes are:

"In the majority opinion, Roggesack determined Department of Health Services Secretary Andrea Palm should have issued such state restrictions through a process known as rule making, which gives lawmakers veto power over agency policies."

Without legislative review, 'an unelected official could create law applicable to all people during the course of COVID-19 and subject people to imprisonment when they disobeyed her order,' the majority wrote."

On, Wisconsin! So much WINNING this week!

[FreeReign]

The state's highest court, which is controlled by conservatives...

Good for WI. Now what is the state of the highest courts in MI, PA, ME, etc?

[outofsalt]

Emergency powers are not open ended. All of the governors could and should have consulted with their legislatures to proceed with whatever measures they would enforce and what the enforcement would be.

[henkster]

The Executive cannot create law, particularly a “law” which has a criminal/penal sanction. Only the legislature can do that. And the legislature cannot delegate that power to the executive.

[jstolzen]

And every single state is different, depending on the political make-up of the Governor, Legislature and State courts.

Red states open. Blue states close. Some arrest people or revoke their business licenses. Some don’t. Some declare the closure rules unconstitutional. Some don’t. 50 states - 50 different sets of rules - mostly determined solely by what political party is in power in that state.

What a total kluster-fuck.

Lifelong conservative here, but a problem like COVID-19 can only be solved by a NATIONAL, COORDINATED response.

And in that, sad to say, Trump has TOTALLY failed. (Hey, great strategy - push the decisions to the states and blame or praise them as needed. Wow. Genius! </sarc>) I’m really struggling to vote for him again in Nov - and probably the ONLY reason I will is that the alternative is just so God awful horrible. But I sure would like for this guy to get his shi~! together. Unfortunately, not really confident he will based on what we’ve seen so far.

[Morpheus2009]

Well, this might just set a precedent by knocking down a governor’s orders as unconstitutional. This might go to the Supreme Court. Who knows?

[TStro]

I’ve been screaming this! Governors, Presidents, and Mayors CANNOT make laws. A function of legislative bodies!