Gov. has no authority to continue state of emergency, Michigan Supreme Court rules

IT'S ABOUT DAMN TIME!

< straightens up and settles down >

*Ehem*

Ladies and gentlemen, the Michigan Supreme Court has struct down Governor Dipwhit's use of BOTH laws she has been using to stay on her power trip.

The governor does not have authority under either of the state’s emergency statutes to continue the coronavirus state of emergency, the Michigan Supreme Court ruled 4-3 in questions related to a federal case on Friday.

Importantly, here's the fine details:

“We conclude that the Governor lacked the authority to declare a ‘state of emergency’ or a ‘state of disaster’ under the EMA after April 30, 2020, on the basis of the COVID-19 pandemic. Furthermore, we conclude that the EPGA is 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," wrote Justice Stephen J. Markman in the majority opinion.

“As a consequence, the EPGA cannot continue to provide a basis for the Governor to exercise emergency powers.”

www.mlive.com...


I'm looking real damn forward to seeing what of hers goes out the window ASAP. This state has been itching to shake off her fleas, er, "orders" and get back to business.

a reply to: Nyiah
That's awesome, hope they do the same in Ohio.

Interesting, and wonderful news.

I was just watching the local news earlier, and they were delivering the signatures for the recall of the 1945 law she is using. And it was all about how they used corrupt and misleading methods to get that many signatures. And of course, Whitless's right hand Dana Nesle(?) was going to investigate and press charges if she could prove it.
Because it has to be wrong, that so many people actually want this.

So, basically, Whitless doing what she does best. Ruling with an iron fist.

I bet she is having a cow right now. LOL

a reply to: Nyiah

I sincerely hope that she gets voted out or impeached or tarred and feathered.

a reply to: DBCowboy

And funny that she just locked down the U.P. again, but it was to start in two weeks. How does that make sense?

I am hoping the recall petition does as well as the law one did.

a reply to: Nyiah

This will not make many of those who are unemployed happy. Without a state of emergency, the governor can withhold unemployment benefits from certain groups of people, namely the self-employed.

a reply to: chiefsmom

All these governors need to be punished for their abuses of power.

a reply to: Nyiah

There are cases in the courts in basically every state. This is the first of many wins for the people.
Thanks for the thread good news for all of us.

Way too many Americans need to remember what that's supposed to mean.

a reply to: Nyiah


Last time I was in Michigan, most citizens were already giving Governor Whitmer the bird when it came to their personal actions. Willing to accept the covid-19 risk. Good for them! I live my life the same way.

Those who want to stay at home can do so. Winter is coming anyway..

The People of Michigan and our State Constitution won big today. This was a clear message to our rogue governor who believed she can dictate what we can and can't do in our lives. She was and is wrong. She won't stop trying though, we have to continue to push back hard when she oversteps. I hope the recall continues because she has proven she can't handle the job.

LULz @Gretchen 😆

originally posted by: carewemust
a reply to: Nyiah

This will not make many of those who are unemployed happy. Without a state of emergency, the governor can withhold unemployment benefits from certain groups of people, namely the self-employed.

On one hand you condone gross overreach of the executive and beg for martial law. On the other cry foul over government handouts.


We know you believe Trump to be the messiah but just a little bit if continuity might go a long way to building some semblance of credibility.

a reply to: Nyiah

Great! Appeals? My gov..M.s. Whit-less...sigh....

a reply to: Nyiah

The law eventually won out, but the damage is done.

originally posted by: JinMI
a reply to: Nyiah

The law eventually won out, but the damage is done.

This is supposed to ensure she doesn't break the law and must work with the legislature from now on. She has to walk on eggshells in some areas now and that's a very good thing.

The only totally open place in the state is Where her summer home is. Her husband and buddies are up deer hunting soo they have to be free.

a reply to: Nyiah

Thanks for posting.
I was waiting for that welcome decision.


Thank you, Michigan Supreme Court!


Hopefully, it is in time to save most of Michigan's economy...and mental health.

a reply to: carewemust

Maybe now the municipal workers will have to go to work and open up to their employers...we the People!!!!!
Right now public libraries are shuttered except for pickup.
Municipal offices are closed to the public.....oh, the IRONY!!!! Although in some cases you can make appointments for in person service.

a reply to: chiefsmom

Maybe she should just close the border between Michigan and Wisconsin...I have heard that is the hot spot in the U.P.

www.bridgemi.com...

The Supreme Court ruling came just hours after Whitmer exercised her disputed powers, ordering a series of business restrictions in response to surging coronavirus cases in the Upper Peninsula. It’s unclear whether that order now stands.

The order "effectively" invalidates Whitmer's executive orders, "but it may take the formality of further action by the federal court," said Steven Liedel, a government policy attorney at the Dykema law firm.

"The ability [for Whitmer] to move forward and enforce those orders in any meaningful way is going to be affected," said Liedel, who served as legal counsel to former Gov. Jennifer Granholm.