MI Supreme Court finds 1945 Emergency Powers Act Unconstitutional

[bmw]

...and thus, finds that Governor Whitmer lacked the authority to declare any further states of emergency after April 30. I assume this means that the executive orders based on these declarations are null and void as well.

https://www.abc12.com/2020/10/02/michig ... -pandemic/

In a split 4-3 ruling, the majority opinion of justices says Whitmer lost the authority to continue a State of Emergency for the coronavirus pandemic after April 30, when the Michigan Legislature declined to extend it.

Michigan’s Emergency Management Act of 1976 allows the governor to declare a State of Emergency for up to 28 days without input from the Legislature, but approval from lawmakers is required after that.

Whitmer invoked the 1945 Emergency Powers of the Governor Act on April 30 to continue the State the Emergency and issue dozens more executive orders increasing and decreasing restrictions to prevent the spread of coronavirus without legislative approval.

However, the Supreme Court ruled that the 1945 law constitutes an unconstitutional delegation of lawmaking authority from the Legislative to the Executive branch of state government.

Based on that, the court ruled that all of Whitmer’s coronavirus orders after April 30 “lack any basis under Michigan law.”

[TC Talks]

That's an interesting ruling. Doesn't seem partisan at all.

[bmw]

WHO CARES? Bottom line is it looks like every single one of Whitmer's EO's just went up in smoke.

Masks? No longer mandated. Anywhere, including schools.
Businesses? All can legally open, at full capacity, without social distancing measures.

This will open the floodgates for lawsuits too from businesses who went under or lost a lot of money.

Now I suspect the MI legislature will get to work ASAP coming up with a more reasonable set of regulations. Whether Whitmer will veto what they come up with remains to be seen. She brought all this upon herself the moment she gave the finger to the legislature.

[Matt]

Hey RT, what is the tyrant's record now?

[zzand]

Has she issued a statement yet?

[MotorCityRadioFreak]

Total bullshit. These partisan hacks need to wakeup. We are in a fucking pandemic. Vote McCormack and Welch.

[Matt]

Total bullshit. These partisan hacks need to wakeup. We are in a fucking pandemic. Vote McCormack and Welch.

I agree that Whitmer’s overreach was total bullshit, and luckily, so did the court! Lee Chatfield has already tweeted that it is time to work cooperatively.

[MotorCityRadioFreak]

The idiots in the Michigan senate and house can't even agree to a road funding response much less the largest pandemic in 100 years.

[bmw]

$10 says MCRF doesn't have the slightest clue what the reasoning was behind the ruling.

[Rate This]

Total bullshit. These partisan hacks need to wakeup. We are in a fucking pandemic. Vote McCormack and Welch.

I agree that Whitmer’s overreach was total bullshit, and luckily, so did the court! Lee Chatfield has already tweeted that it is time to work cooperatively.

Which means don’t wear a mask and go full bore into opening because we have done this for long enough. Got it.

I don’t trust the legislature to be reasonable... they haven’t shown that ability in the past, I have no reason to believe they’ll suddenly start.

Oh and 1-2... but they got the one that counts.

[MWmetalhead]

ZZand - she did, in fact, issue a statement.

She basically wagged her finger in the face of the court and said because the ruling doesn't become effective for at least 21 more days (is that true?), every aspect of her emergency order remains in place.

There are probably loopholes to the ruling. I suspect she will try to exploit any such loopholes. For example, what would prevent her from declaring a new emergency? Couldn't she just modify the reason(s) for the emergency declaration, and thus have it be viewed as distinct & separate from the original declaration?

The appropriate thing to do here is work with the legislature. I disagree with the earlier criticism of Chatfield, et al. Republican leadership has shown a willingness to work with her on the budget, insurance reform and other matters. She has turned her back on the legislature.

[Rate This]

ZZand - she did, in fact, issue a statement.

She basically wagged her finger in the face of the court and said because the ruling doesn't become effective for at least 21 more days (is that true?), every aspect of her emergency order remains in place.

There are probably loopholes to the ruling. What would prevent her from declaring a new emergency? Couldn't she just modify the reason(s) for the emergency declaration, and thus have it be viewed as distinct & separate from the original declaration?

I was wondering about canceling and reissuing it on day 29... could she do that? Just Cancel and reissue then at once?

[MotorCityRadioFreak]

As an aside, horrible journalism to not mention who on the MI Supreme Court voted for and against this measure.

[MWmetalhead]

Multiple outlets, in fact, failed to identify how each individual justice ruled.

I agree 100% - pathetically lazy journalism. Not the least bit surprised!!!

[Matt]

As an aside, horrible journalism to not mention who on the MI Supreme Court voted for and against this measure.

The intelligent members voted to overturn, and the partisan hacks voted in favor of the tyrant.

Total bullshit. These partisan hacks need to wakeup. We are in a fucking pandemic. Vote McCormack and Welch.

I agree that Whitmer’s overreach was total bullshit, and luckily, so did the court! Lee Chatfield has already tweeted that it is time to work cooperatively.

Which means don’t wear a mask and go full bore into opening because we have done this for long enough. Got it.

I don’t trust the legislature to be reasonable... they haven’t shown that ability in the past, I have no reason to believe they’ll suddenly start.

Oh and 1-2... but they got the one that counts.

Road funding was done in 2015 or 2016. If you traveled at all this summer, you would have seen all the projects in process. The legislature and the state at large HATED Karen's 45 cent, highest gas tax in the country.