Whitmer Misses The Mark

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There actually is already a lawsuit filed against Whitmer for her EO watering down our state's Freedom of Information Act.

https://www.mlive.com/news/saginaw-bay- ... order.html

Purely based on the letter of the law, I think this suit has merit.

And KM is correct - the airwaves will soon be full of lawyers commercials saying "has your business been financially impacted by Governor Whitmer's executive orders? You may be entitled to legal compensation..."

The problem is that an emergency declaration overrides that.... its another example of people trying to apply normal logic to an emergency... not gonna fly. The courts will likely find that the state had a compelling reason to protect people and that will be that. Actually that’s the generally used standard for these sorts of things... did the government have cause to react to event A by modifying B according to what was prudent to protect lives and property. The pandemic pretty clearly meets that standard.

[audiophile]

Did you read the article?

Whitmer’s executive order limiting the granting of FOIA requests is “drastic, unprecedented, and unauthorized by the text of the Michigan Constitution,” Ellison wrote. “The Michigan Constitution says nothing about Michigan’s governor issuing emergency executive orders or who is in charge in an emergency to expressly suspend government transparency laws and obligations created by constitution and/or statutory law.”

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Did you read the article?

Whitmer’s executive order limiting the granting of FOIA requests is “drastic, unprecedented, and unauthorized by the text of the Michigan Constitution,” Ellison wrote. “The Michigan Constitution says nothing about Michigan’s governor issuing emergency executive orders or who is in charge in an emergency to expressly suspend government transparency laws and obligations created by constitution and/or statutory law.”

Usually that’s all lumped in together.... does this guy expect it to spell out every single law it effects expressly?

[audiophile]

Well what laws can she not override then? Under your liberal interpretation she could suspend murder laws.

That doesn't make any sense either. I'm not even so sure an invisible virus really fits the intent of the 1945 law for Executive Orders.

The common cold (she issued one cold weather too) and flu could also trigger orders next year.

[km1125]

Missing the mark? YES.

Somebody should ask her why the state is testing LESS people now then we were 10 days ago. We hit a peak back on March 30 and have generally been testing less ever since, even though supposedly we have many more testing sites.

This is completely counter to what pretty much everyone says... you need more tests done to effectively manage this issue.

We need to get to the point where we test everyone who has symptoms remotely connected to the virus. Until we get to that point, this status should be discussed in every interview she does with any news organization.

[audiophile]

There was a good interview on Fox 2 about the 23 day extension. The representative said they reluctantly extended it with the understanding Whitmer would be more reasonable, and that they contacted her about mom-n-pop nursery shops not being able to be open, even curbside, while big-box stores like Home Depot were open. After she got her extension she forced them to close the garden centers, in complete opposite of what they asked her to do, as it did nothing for the mom-n-pop shops. He said there is no reason single-person landscaping crews from being banned from working, which is something they also contacted her about, to no avail.

[bmw]

Whitmer is in charge, and dammit she's gonna do things her way!

[audiophile]

I bet SG will never call it NPD!

[bmw]

What gets me is how she continues to outright lie by saying that we're still on our way up the curve, even though in reality we peaked a full 10 days ago and and are already almost halfway back down the curve.

[MWmetalhead]

Whitmer is in charge, and dammit she's gonna do things her way!

Reminds me of road funding where she blasted Republicans in the legislature during her SOTS speech. The funny thing is - Dem house leadership also strongly opposed her big $0.45 per gallon tax increase proposal (to their credit!).

What gets me is how she continues to outright lie by saying that we're still on our way up the curve, even though in reality we peaked a full 10 days ago and and are already almost halfway back down the curve.

I'm not sure what curve you are looking it. Care to elaborate?

[audiophile]

The charts are out there but there is no easy way to post it here. The peak was April 1-7.

EDIT: I GOT IT

[MWmetalhead]

I'd take the April 12 bar with a big grain of salt. I suspect far fewer people see the doctor (and fewer labs are processing tests) on a holiday weekend than during other periods.

That being said, it does appear April 1 to April 7 may prove to be the worst period for daily new cases. April 3 appears to be a high-end outlier. A bunch of tests in queue perhaps were processed that day? Let's hope the downward trend persists!

Thanks for posting that bar chart.

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The charts are out there but there is no easy way to post it here. The peak was April 1-7.

EDIT: I GOT IT

I think they’d want to see a few weeks of a trend like this before relaxing anything.

[bmw]

I plugged those numbers into a spreadsheet and told it to generate a 3-day moving average. Here is that graph:



By no objective measure can Whitmer, with a straight face, continue to insist not only that we're still on the upside of the graph, but that the peak is weeks away (I heard her say the latter like 2 days ago).

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I plugged those numbers into a spreadsheet and told it to generate a 3-day moving average. Here is that graph:



By no objective measure can Whitmer, with a straight face, continue to insist not only that we're still on the upside of the graph, but that the peak is weeks away (I heard her say the latter like 2 days ago).

I’m still thinking they want to see a matter of weeks of down before they let their guard up or declare it going down. They can’t sit there and say “it’s going down!” And then have it go up 4 again days later... Then the message starts to look garbled.