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.”
F Wretched Hitler
POWER CENTERS OF THE WORLD:
OTHER REGIONAL POWERS - BILL & MELINDA Gates Foundation
WHO is running this CRAPSHOW...this PRISON PLANET F’N LOCKDOWN/DEATH/WAR/TAX SLAVERY TEMPLATE?
http://freerepublic.com/focus/news/3876665/posts?page=1
That said, it is a Pubbie dominated court and will not likely “legislate from the bench”.
Principles.
It would be a simple act to say! “Although the later act did not close and make null the 1945 law, it can be determined that the timeline certainly intended such.”
Kinda like, “It’s a tax, not a fee.”
The Unlock Michigan campaign is what’s going to get this 1945 law overturned. If successful, she has to abide by the 1976 law. Then, she’ll have to include and get approval from the legislature, both houses controlled by Republicans. We have over 200,000 signatures, need 350,000, goal is 500,000. https://unlockmichigan.com/
Separately, I heard yesterday from political operatives, that the MI Supreme Court will take this case in September.
arguments are scheduled for September 2nd....the MSC is a 4-3 Republican majority Court...the depressing thing about this Appellate Court ruling by a 3 judge panel....all 3 judges were Republican nominated judges...the 2 female judges were the majority decision....women, i tell ya!!...
Wretched Gretchen. What a moron.
Thanks, I didn’t look up the judges and who appointed them. As I stated, we need to remove the legislation that she’s leaning on, the 1945 law.
Thanks for the link, I’m going to drop by the location in St. Heights today
The good people of MI wanted legalized dope and Frau Whitmer gave it to them. Now they are paying the price for their foolishness.
Same thing happened in Pa for Gov. Wolf.....our guys took it to the courts and lost as well. The Governors know as long as they can claim “emergency status” their powers are greatly enlarged...and they can extend that over and over again.
However in Pa we have a new bill that now will limit Governors to 30 day States of Emergency.....and will have to seek Congressional approval to go beyond this so that this ‘abuse of power’ can never happen again.
A friend of mine is on the executive committee of the Recall Whitmer campaign. I think they have one more hurdle to jump before they can begin signature collection.
It needs a massive grassroots effort.
I wonder what other viruses or events or actions can be used to declare an emergency. Can she declare a state of emergency for the flu?
the 1945 law was written directly as a response to the 1943 race riot in Detroit and says right it in about being applied to “certain areas”...in other words, riots, not the entire state. One person cannot dictate and control 10 million people. I suspect this will go the same way as the Wisconsin ruling went...WSC finally ended the kook Gov Evers madness...
Wait a minute. You say they legalized drugs. Why does this not include HCL? Simple that is a controlled prescribed drug that is dangerous? Heroin is not dangerous? No sellers pay taxes. What? Don’t ask.
Whitmer said Wednesday that without the law, and the restrictions she has been able to impose as a result of the law, such as a face mask requirement and the closure or partial closure of certain businesses, Michigan "would look a heck of a lot more like Florida," which has been experiencing a recent surge in coronavirus cases and deaths.
"We're going to fight to continue these powers," both for now and for use by future governors, she said.
Of course this is assuming the legislative branch would've prevented every single action she's taken in the last 6 months. All we're asking for is representation, compromise, and a reasonable discussion.
On Monday, Unlock Michigan complained to the Grand Traverse County Sheriff's Office about a Facebook post urging people to disrupt a signature gathering session in that county by signing false names, scribbling on the petitions, or running away with the clipboard.
"Whitmer backers appear to be the ones who have cornered the market on unscrupulous behavior," Wszolek said.
A lawsuit seeking to block the petition drive was dismissed Monday by the Michigan Court of Appeals
Thanks for the update.
MI SC refused to hear the case as they said it needed to go to appeals court first. Michigan SC majority is Republican. But you know that means nothing these days. Lot of Repub Judges vote with the Dems.
Just know also that DEMS in Presidential election always won Michigan for the last 28 years until Trump won. Lot of unions in Michigan, liberal colleges like U of M and MSU.
“The people of Michigan elected their dictator.”
As elsewhere, just enough people voted for the winner. Barely a majority. As just enough people voted for Trump.m
As elsewhere, the welfare takers, unionists, subsidy takers, college kids, retirees on entitlements, SJW snowflakes, minorities and women get the lefties elected, usually by just a small margin.
And the hard-working, reverent, tax-paying, law-abiding, patriotic, logical and informed have to live under the lefties’ picks. Which truly sucks.
Sweden
Total cases 86,068
Deaths 5,810
Michigan
Total cases 105K
Deaths 6,637
Sweden and Michigan have comparable populations with Sweden listed as about a million more pop. But very similar covid numbers* and Sweden did nothing to “flatten the curve.”
So good argument can be made all the tyranny she brought to bear had no affect whatsoever....
*straight from google search
“I now question whether democracy can be trusted at all.”
Our Founders did not trust democracy. At all. That’s why our COTUS guarantees a republican (small r) government. “...and to the republic for which it stands...” Everyone that calls America a democracy is wrong; it is not.
Only our representatives are democratically chosen, and a small number of state ballot proposals (which Democrats overturn when they don’l like the democratic result; how ironic).
America is, however, now full of elected leftist representatives and judges, after many decades of leftist/socialist indoctrination of our youths, women and blacks by our schools and media.
Black robe oligarchs supporting tin pot despots.
This is the reason that the Liberals have been packing the courts for the last 50 years. And it’s paying off handsomely for them right now.
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