Using Old Archaic Laws Dem Michigan Gov. Whitmer Reissues Mask Order and Gathering Limits Under New Authority

The Federalist Papers ^ | October 5, 2020 at 3:29pm | Steve Straub

[E. Pluribus Unum]

After being smacked down by her state’s Supreme Court Michigan Governor Gretchen Whitmer’s administration dug up a bunch of old and archaic laws that they believe gives the state government authority to reissue mandates in an effort to prevent the spread of COVID-19 and keep the local population in perpetual lockdown.

The Director of Michigan Department of Health and Human Services Robert Gordon wrote:

Today the Michigan Department of Health and Human Services (MDHHS) is issuing an epidemic order to sustain rules that have protected Michiganders’ lives for months: requiring masks, limiting gatherings, and safeguarding nursing homes. A divided Michigan Supreme Court struck down these requirements on Friday. Our order today flows from a legal authority not at issue in Friday’s case. It is important we stay the course we’ve been on. When it comes to defeating COVID-19, we’re all in this together.

The science is clear: wearing masks can reduce the chance of transmitting COVID by about 70%. Even with masks, transmission is likeliest when people are within 6 feet of each other for 15 minutes, especially indoors. The failure to take proper precautions can enable the disease to spread—whether in an East Lansing bar or at the White House.

When Michigan was hard hit by the virus in March, strong orders based on science played an integral part in our effective response. Michigan initially had the third most deaths per capita in the nation. Our response included firm requirements for individuals to stay home (March 23, strengthened April 9) and to wear masks (April 24). By June, cases had fallen dramatically, but they began to grow, partly due to outbreaks linked to bars. We responded by closing bars (July 1 and 29) and strengthening the requirements around masks (July 17). The curve flattened again.

[E. Pluribus Unum]

Sweden reached herd immunity without masks or economic lock-downs or vaccines.

Stop being a bleeting sheep.

[j.havenfarm]

That’s libs for ya. Always looking for ways to get around the rules.

[Biggirl]

But that is Sweden is a whole different country, which sad to say is not doable in the USA.

[No.6]

Supreme Court of MI: “The orders are void because the law claims an unlimited unilateral power to the executive without checks and balances to the legislature.”

Whitler’s MDHHS: “You only said that law — but here’s another one that allows the executive to do whatever it wants. You didn’t search the whole MCL for every abusable law and rule them all out at once. Nanny nanny boo boo.”

Let the emergency stay proceed and the civil suits pile on.

[Trump Girl Kit Cat]

Herd ammunity is achievable in the US we need to protect the vulnerable while the younger and health go about their lives creating herd immunity for the country this lockdown crap if ridiculous the minute people go out the virus comes back absurd!! We NEED herd immunity PERIOD!!

[veracious]

I’m not going to look, but

I’ll be surprised if there is written legislative law which Wis. gov is now basing it’s edict upon.

[erkelly]

J. Edgar Hoover was also adamantly opposed to the Japanese interment.

[erkelly]

Why not doable in the USA?

[mrsmith]

Wouldn’t surprise me a bit if there are laws from the Spanish Flu epidemic that gives this power to the state’s Executive.

No one wants a health emergency response to be directed by judges.

Does seem like the Governor isn’t doing a very good job. But no one probably even considered how she’d perform in a health emergency when they elected her- so it’s on the voters IMO.

[No.6]

Note MCL 332.2263:

http://www.legislature.mi.gov/(S(mi323krlnazg1nyiewdtsskq))/mileg.aspx?page=getObject&objectName=mcl-333-2263

“Sec. 2263.

(1) Not later than 20 days after receipt of the citation, the alleged violator may petition the department for an administrative hearing, which shall be held within 60 days after receipt of the petition by the department. The administrative hearing may be conducted by a hearings officer who may affirm, dismiss, or modify the citation. The decision of the hearings officer shall be final, unless within 30 days after the decision the director grants a review of the citation. Upon review, the director may affirm, dismiss, or modify the citation.
(2) Hearings and appeals under this section shall conform to the administrative procedures act of 1969.
(3) A civil penalty shall become final if a petition for an administrative hearing is not received within the time specified in subsection (1). A civil penalty imposed shall be paid to the state treasury for deposit in the general fund. A civil penalty may be recovered in a civil action brought in the county in which the violation occurred or the defendant resides.”

I would never encourage anyone to willfully muck up the system, but administrative hearings require one of a few administrative law judges, referees, a lengthy process and exceed the potential fine in the cost to conduct one.

Further, even if one were deemed to owe the $1000, not paying it would oblige the State to expend further monies on a civil suit to get a ruling for the ‘violator’ to pay. That’s a lot of time and $ for them to spend even presuming you are unfortunate enough to live in a place where your LEOs will enforce this travesty.

Lastly, does your elected sheriff or PA want to make the news as MDHHS’ jackboot enforcers right before an election? Hmm.

[Sgt_Schultze]

It’s important to remember SIX democrat SC justices, Black, Stone, Reed, Frankfurter, Douglas, Rutledge (ALL FDR nominees) ruled is was LAWFUL to place Japanese Americans into the internment camps during WW2

[rintintin]

I didn’t say the Dems weren’t for internment. But so we’re the Republicans. Both Republican and Democrat leaders in California gave the initial push for it. The governor (Olson) was Democrat and the AG (Warren) was Republican

[preacher]

l8r 4

[Hypo2]

“Lock them all up”

Not going to happen...revolt. Everyone votes for Trump

[timestax]

bttt

[supremedoctrine]

I had a hunch back in June, was it, by her gleeful expression as she joined and validated mass protest with BLM, using George Floyd as a cover, that Whitmer the Dominatrix, was going to be THE most hardcore lockdown fanatic ever, bar none. She must still be vying for some kind of job in an imaginary Biden Administration.

[timestax]

[Hypo2]

You fail to see the irony and similarities, don’t you?

It really doesn’t matter if it is a governor or President who “starts it” in regards to personal liberty...

It’s all about the Personal Liberty...and the Constitution!

MG some people are obtuse.

[timestax]

[rintintin]

I was responding to a post that blamed internment on Democrats. I simply pointed out it was bipartisan, some of the original proponents were Republicans. Neither party had clean hands, is my point

And stop with the name calling , please