MI Supreme Court finds 1945 Emergency Powers Act Unconstitutional

[MWmetalhead]

I guess I don't see what's so great about public policy (i.e. no mask mandate) that would (i) result in increased spread of COVID, (ii) likely result in increased hospitalizations, (iii) result in increased employee absences thus hurting productivity and (iv) result in poorer health care delivery (due to overburden on hospitals) and presumably higher health care costs.

True, I think Whitmer acted irresponsibly in certain respects and needs to do a much better job engaging the legislature in dialogue.

Her nursing home policy was an absolute disaster, and after several months' worth of resistance, she quietly changed that policy several day ago.

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I guess I don't see what's so great about public policy (i.e. no mask mandate) that would (i) result in increased spread of COVID, (ii) likely result in increased hospitalizations, (iii) result in increased employee absences thus hurting productivity and (iv) result in poorer health care delivery (due to overburden on hospitals) and presumably higher health care costs.

True, I think Whitmer acted irresponsibly in certain respects and needs to do a much better job engaging the legislature in dialogue.

Her nursing home policy was an absolute disaster, and after several months' worth of resistance, she quietly changed that policy several day ago.

What’s so great about it? The idea didn’t come from those infernal libs is about all they are running on.

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And here right on cue to prove my point of why Whitmer didn’t work with the legislature... these people are stupid. Mike Shirkey says there’s no support for mask mandates... Let’s do things on Trumpublican terms I guess. Meetings virtually to avoid spread? Not sure we’ll keep that up. School? No idea (I bet we reopen full bore) Capacity limits Indoors? Who knows (but again probably not). Much of this may not happen again. We will be doing things like Florida soon. For the love of god somebody vote these fucking RINOS out.

Idiots.
https://amp.detroitnews.com/amp/3608588 ... ssion=true

Work on your anger issues, authoritarian.

Work on being an actual conservative or Republican you RINO. You fervently support Trump. He and his ilk are not conservatives or Republicans, certainly not in any sense of the word we’ve seen before.

You have no idea what you're talking about, as per usual.

The folks you usually call RINO’s like that the Lincoln Project, RVAT and the other groups are actual Republicans... you know as the party existed before Trump. Trump is a RINO and his party is Republican in name only. They’ve abandoned their principles in favor of Trumpism.

[bmw]

Literally the ONLY person to blame for the policy mess we now find ourselves in is Governor Whitmer. She deserves ONE-HUNDRED PERCENT OF IT.

We have a state Constitution.
We have elections.
We have co-equal branches of government.

Whitmer took it upon herself to unilaterally decide not only that her branch was more powerful than the legislative branch, but also that she had the executive authority to exercise powers that weren't hers. And her outright defiance and dictator-behavior over the past 5 months has come back to bite her in the ass, big-time. EVEN IF you don't agree with whatever policy legislation may or may not have come out of the Republican-controlled legislature, the bottom line is that elections have consequences, and the people of the state of Michigan elected a Republican majority to the state legislature.

Ultimately, the powers that Whitmer was abusing reside with the legislature, not with the governor. As the MI Supreme Court found, Whitmer's use of the 1945 law was "in violation of the constitution of our state because it purports to delegate to the executive branch the legislative powers of state government — including its plenary police powers — and to allow the exercise of such powers indefinitely."

Consequently, Republicans in the legislature might just be inclined to give the finger right back to Whitmer moving forward. And I can't say that I blame them.

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Literally the ONLY person to blame for the policy mess we now find ourselves in is Governor Whitmer. She deserves ONE-HUNDRED PERCENT OF IT.

We have a state Constitution.
We have elections.
We have co-equal branches of government.

Whitmer took it upon herself to unilaterally decide not only that her branch was more powerful than the legislative branch, but also that she had the executive authority to exercise powers that weren't hers. And her outright defiance and dictator-behavior over the past 5 months has come back to bite her in the ass, big-time. EVEN IF you don't agree with whatever policy legislation may or may not have come out of the Republican-controlled legislature, the bottom line is that elections have consequences, and the people of the state of Michigan elected a Republican majority to the state legislature.

Ultimately, the powers that Whitmer was abusing reside with the legislature, not with the governor. As the MI Supreme Court found, Whitmer's use of the 1945 law was "in violation of the constitution of our state because it purports to delegate to the executive branch the legislative powers of state government — including its plenary police powers — and to allow the exercise of such powers indefinitely."

Consequently, Republicans in the legislature might just be inclined to give the finger right back to Whitmer moving forward. And I can't say that I blame them.

If they were smart they would completely neuter her with many of the same things she was doing and say “you’re delusional... you had nothing to fear except yourself”...

As for the Republican legislature... in 2010 the Democrats lost the election badly and the Republicans gerrymandered the state quite badly. The legislature is way more Republican than it otherwise would be.

[bmw]

So you're saying that the Republican majority is illegitimate.

Got it.

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So you're saying that the Republican majority is illegitimate.

Got it.

I’m saying it’s been rigged. That’s what gerrymandering is. Rigging the system so you always get the majority no matter what.

The GOP is trying to hang onto power desperately. That’s why they gerrymandered countless states to the hilt. That’s why the do voter ID laws and then make the ID’s extremely hard to get and tilt what kind of ID’s are acceptable towards GOP leaning demographics. That’s why Abbott limited Texas counties to one ballot drop box per county including counties with 4.5 million people. They are scared. When people get out and vote honestly and fairly they lose.

[bmw]

I’m saying it’s been rigged. That’s what gerrymandering is. Rigging the system so you always get the majority no matter what.

As I said:

So you're saying that the Republican majority is illegitimate.

Got it.

[audiophile]

BMW is right. She did it all herself, so has to accept all the blame. DUMB move!

She has damaged the state in an extreme way. I'm not talking mandating of mask's, I'm talking closing businesses for long durations.

She should be held personally liable, especially if a connection to Blue Cross can be found.

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I’m saying it’s been rigged. That’s what gerrymandering is. Rigging the system so you always get the majority no matter what.

As I said:

So you're saying that the Republican majority is illegitimate.

Got it.

I added to my post please read the rest of it.

I don’t see you refuting me so that’s telling.

[bmw]

She should be held personally liable...

And this is what makes the Supreme Court's decision all the more damning...courts are ordinarily reluctant to issue rulings that will open the floodgates for future litigation. The number of class-action lawsuits brought in the coming weeks will be staggering. The remainder of Whitmer's term will be spent with her fighting an OVERWHELMING amount of litigation.

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She should be held personally liable...

And this is what makes the Supreme Court's decision all the more damning...courts are ordinarily reluctant to issue rulings that will open the floodgates for future litigation. The number of class-action lawsuits brought in the coming weeks will be staggering. The remainder of Whitmer's term will be spent with her fighting an OVERWHELMING amount of litigation.

With what merit exactly? Are they going to sue her personally or sue the state?

[bmw]

I added to my post please read the rest of it.

I don’t see you refuting me so that’s telling.

The US Supreme Court visited the gerrymandering issue just last year. They found that "no test has yet been proposed which is precise and politically neutral enough to indicate when 'political gerrymandering has gone too far.'" In other words, the verdict is still out on whether or not our district lines are "rigged" as you call it.

https://www.freep.com/story/news/local/ ... 051876002/

[bmw]

She should be held personally liable...

And this is what makes the Supreme Court's decision all the more damning...courts are ordinarily reluctant to issue rulings that will open the floodgates for future litigation. The number of class-action lawsuits brought in the coming weeks will be staggering. The remainder of Whitmer's term will be spent with her fighting an OVERWHELMING amount of litigation.

With what merit exactly? Are they going to sue her personally or sue the state?

Well that depends. I believe the governor personally is entitled to claim qualified immunity. Such immunity is defeated using the reasonable person standard, which basically means the courts consider whether a "reasonable person" in her position (ie, a reasonable governor) either knew or should have known that they were violating other people's constitutional rights. So it doesn't matter whether Whitmer herself knew that she was violating others' constitutional rights; rather, it matters whether a generic reasonable person should have known. It will be interesting to see how the various lawsuits play out, but I think there is certainly a case to make that a reasonable governor in Whitmer's position should have known that her actions were unconstitutional.

[Rate This]

She should be held personally liable...

And this is what makes the Supreme Court's decision all the more damning...courts are ordinarily reluctant to issue rulings that will open the floodgates for future litigation. The number of class-action lawsuits brought in the coming weeks will be staggering. The remainder of Whitmer's term will be spent with her fighting an OVERWHELMING amount of litigation.

With what merit exactly? Are they going to sue her personally or sue the state?

Well that depends. I believe the governor personally is entitled to claim qualified immunity. Such immunity is defeated using the reasonable person standard, which basically means the courts consider whether a "reasonable person" in her position (ie, a reasonable governor) either knew or should have known that they were violating other people's constitutional rights. So it doesn't matter whether Whitmer herself knew that she was violating others' constitutional rights; rather, it matters whether a generic reasonable person should have known. It will be interesting to see how the various lawsuits play out, but I think there is certainly a case to make that a reasonable governor in Whitmer's position should have known that her actions were unconstitutional.

So whats the remedy? She gives them all millions of dollars from her personal bank account in restitution? I find that highly unlikely.