Michigan Supreme Court Strikes Down Governor’s Emergency Powers Decrees

Some great news out of Michigan. The state’s supreme court has struck down emergency powers laws that has been in place since 1945 and 1976. Governor Gretchen Witmer has used the statutes to justify a number of restrictive measures that have now been invalidated. Whitmer claims her policies were geared to combat COVID-19, but she really used them to assert absolute control of the state.

Michigan Supreme Court strikes down Gretchen Whitmer’s coronavirus orders

By Anthony Leonardi, October 2, 2020, Washington Examiner

Michigan’s Supreme Court said Gov. Gretchen Whitmer’s coronavirus executive restrictions violated the state’s constitution.

On Friday, the state’s high court ruled in a 4-3 decision that the Democratic governor did not have the power to continue its restrictions under two laws passed in 1976 and 1945, describing the act as an “unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution.”

“Accordingly, the executive orders issued by the Governor in response to the COVID-19 pandemic now lack any basis under Michigan law,” the ruling reads.

It notes a wide variety of businesses that had to close as a result of the orders, including “restaurants, food courts, cafes, coffeehouses, bars, taverns, brew pubs, breweries, microbreweries, distilleries, wineries, tasting rooms, clubs, hookah bars, cigar bars, vaping lounges, barbershops, hair salons, nail salons, tanning salons, tattoo parlors, schools, churches, theaters, cinemas, libraries, museums, gymnasiums, fitness centers, public swimming pools, recreation centers, indoor sports facilities, indoor exercise facilities, exercise studios, spas, casinos, and racetracks.”


PHOTO CREDIT: Michigan Hall of Justice By The original uploader was Subterranean at English Wikipedia. – Transferred from en.wikipedia to Commons by Xnatedawgx using CommonsHelper., CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=14654735

ADDENDUM 10/03/2020: Whitmer is digging in. She states she will continue the lockdown under different sources of authority and after the 21 day period the state supreme court’s decision goes into effect.

ADDENDUM 10/04/2020: The governor was interviewed by Jake Tapper on CNN‘s State of the Union today to chide the president for her failings and accusing Trump of not following the science despite her unwillingness to do so.

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