Posted on 08/22/2020 3:26:15 AM PDT by be-baw
Gov. Gretchen Whitmer was within her authority when she continued Michigan’s COVID-19 state of emergency without legislative approval this spring, the Michigan Court of Appeals ruled Friday.
In a 2-1 decision, the Court of Appeals ruled in Whitmer’s favor on a challenge brought by Republican legislative leadership, determining that Whitmer’s use of executive emergency powers during the COVID-19 pandemic was constitutional.
“Proceeding on the assumption that the Legislature had standing to file suit, we hold that the Governor’s declaration of a state of emergency, her extensions of the state of emergency, and her issuance of related EOs clearly fell within the scope of the Governor’s authority,” the court concluded in its majority opinion from Judges Jane E. Markey and Kirsten Frank Kelly. Judge Jonathan Tukel dissented.
Legislative Republicans led by House Speaker Lee Chatfield, R-Levering, and Senate Majority Leader Mike Shirkey, R-Clarklake, have argued Whitmer’s decision to extend Michigan’s state of emergency due to the COVID-19 pandemic past April 30 was unconstitutional, as the legislature declined to issue an extension.
Michigan has two laws on the books related to the governor’s emergency powers. The 1945 Emergency Powers of Governor Act allows governors to call for a state of emergency for as long as necessary, while the 1976 Emergency Management Act includes a 28-day window for the governor to unilaterally declare an emergency without legislative approval. The 1976 law did not invalidate the prior law.
During a state of emergency, the governor is allowed to unilaterally issue executive orders and deploy resources as she sees fit.
The legislature opted not to extend the initial state of emergency on April 30 over concerns with the stay-at-home order and other limitations on in-person activity outlined in Whitmer’s executive orders. Whitmer has argued she has the authority to go it alone under the 1945 law, and has extended the COVID-19 state of emergency through Sept. 4.
The majority rejected the legislature’s arguments that the 1945 law oversteps the separation of powers between the legislature and the executive branch, and further concluded that it would be “entirely pointless” to rule that Whitmer violated the 1976 law, as the governor “had the authority to continue the very same state of emergency and issue the very same (executive orders) under the EPGA.”
In a statement, Whitmer spokesperson Tiffany Brown said the Court of Appeals handed the governor “a complete and decisive win.”
“This decision recognizes that the Governor’s actions to save lives are lawful and her orders remain in place,” she said. “This lawsuit is a dangerous and costly attempt to take away the governor’s power to respond to the COVID-19 emergency and save lives.”
The Michigan Supreme Court will likely have the final say on the matter.
Legislative Republicans initially requested the Michigan Supreme Court bypass the Court of Appeals. But in a 4-3 split decision in June, the Supreme Court opted not to fast-track the suit, concluding, “we are not persuaded that the questions presented should be reviewed by this Court before consideration by the Court of Appeals.”
Chatfield wrote on social media that the Court of Appeals “got it wrong today” and confirmed the case would be appealed to the Michigan Supreme Court.
“Our Constitution is clear, and separation of powers is real,” he wrote. “No Governor, Republican or Democrat, can have unilateral control over a state based solely on their judgment. This precedent is extremely dangerous.”
Note to the cowards in the legislature: Pull up your big boy and girl undies, rewrite the law, then override her veto.
That may not be possible if they command a majority but not a veto proof majority.
At the same time 2-1 is not complete and overwhelming. Does anyone have any idea what the Michigan Supreme Court is likely to do?
Get rid of the court too
Roland Freisler would be proud!
Well, Michigan voters, whatcha gonna do about it?
Probably re-elect her.....
must watch video. understand it was on Spanish TV about a week ago:
Youtube: 7m20s: 19 Aug: OMG I’m Speechless! Unbelievable Mainstream News from Spain - UNREAL!
posted by Ivor Cummins
I don’t know what to say about this mainstream Spanish news item, I’m kinda speechless. This front-line, clearly expert Spanish doctor reveals the reality around the truly massive media madness going on at the moment. He explains the actual reality, and the interviewer is thrown into confusion...!
Then a studio journalist is brought in to sort him out - but our doc is solid as a rock - and leaves the henchman for dead! UNREAL. (subtitled).
https://www.youtube.com/watch?v=SwlkumcRf6w
To get rid of these tyrants, we are going to have to stop fighting on their corrupt existing governmental and legal system.
I have heard more than once, “It doesn’t matter who you vote for.”
Never were more ignorant words spoken.
The people of Michigan elected their dictator. They now live under the jackboot of their stupidity to their shame and misery.
This tyrant governor will never give up her dictatorial power. She will have to be thrown out of office.
This also demonstrates that the definition of “emergency” is up to the governor herself. Everything can be an emergency.
I now question whether democracy can be trusted at all.
How quickly people put chains upon themselves !
“...the Court of Appeals handed the governor “a complete and decisive win.”
Something radically wrong with a system where two stupid judges can shaft an entire state. Hope Detroit suffers most.
A violation of the 1st amendment.
Just More PROOF Demonrats are NOTHING but LAWLESS SCUM
As long as she is one of the 4 coordinating Democrat Governors that moved virus patients into nursing homes, after knowing what happened in the state of Washington with the early cases, some type of conspiring manslaughter charges should be on the horizon...someday...maybe.
What do you suggest we do about it? There's already a recall petition circulating but it's unlikely they will be able to collect and verify the 1,062,647 valid signatures in the required 60 days.
Until then, she's not up for reelection until 2022..........
Probably re-elect her.....
I never voted for her.......
Simple solution to the pandemic,,,,Make HCQ and Azithromycin OTC drugs so anyone who develops a cough and/or fever can go the nearest drug store and self medicate with the drugs along with Zinc Sulfate with correct dosage within 48 hours of symptoms and pandemic over.,,,,,instead of waiting a few days to get tested and 5 days for the results,,,,if over 60 years of age,,,,you’re dead.
She’s a fascist, Jim.
Unfortunately, the law is much too vague. Don’t blame the judge on this one.
Well, if there is not enough signatures it tells you not enough people are outraged and will comply with what ever she dictates.
And I really don't have an idea what a state should "do about it" when tyranny takes holt. If only there were some examples through our history to look to....
This court is a rat court. The Mi SC is not. They need to get this to them. It should been done months ago. Half Whit is using a WW II law that was superseded thirty years ago.
MISC has more of a conservative bend. This decision was not a surprise and whoever lost was going to appeal regardless.
The vote to decline thenfast-track is instructive.
4-3
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