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

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posted on Oct, 3 2020 @ 03:15 PM
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originally posted by: AugustusMasonicus
a reply to: Nyiah

I hope citizen's in other states use this ruling to get their shutdowns overruled before more damage is done to our economy.


I'm hoping it does. Thus far, it sets a precedent in no uncertain terms, definitely.



posted on Oct, 3 2020 @ 09:55 PM
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Update:

Michigan Governor Gretchen Whitmer is planning to circumvent the Michigan Supreme Court and keep residents incarcerated.

townhall.com...



originally posted by: Nyiah
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.




posted on Oct, 3 2020 @ 10:51 PM
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a reply to: carewemust

I have nothing polite to say about her.
I have read she has made no move to work with the legislature, citing the 21 day day period.
I am not sure those "other agencies" are allowed to make rules on their own.....but only at her orders/permission.....looks like more lawsuits will be on the way.

I could see her trying to invent new rules....but since they would be after the Court ruling, they would be suspect and likely not enforceable.



Tyrant-in-Chief.



posted on Oct, 4 2020 @ 09:32 AM
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So......
Here's what will happen.
County health departments will take over the role of tyrant.
Democratic Oakland county may be the first.
The new order seems to mimic the now illegal state mask order
www.msn.com...


Another article
www.freep.com...

Or two
theconservativetreehouse.com... -lockdown/

edit on Sun Oct 4 2020 by DontTreadOnMe because: (no reason given)



posted on Oct, 4 2020 @ 02:52 PM
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I'm reading conflicting info that says orders don't expire for 21 days, OR that they expire immediately and she has 21 days to contest the ruling. Which one is the read end result here?? News media is definitely trying to muddy the water here on this one, if via nothing other than not being crystal clear.



originally posted by: DontTreadOnMe
So......
Here's what will happen.
County health departments will take over the role of tyrant.
Democratic Oakland county may be the first.
The new order seems to mimic the now illegal state mask order
www.msn.com...


Another article
www.freep.com...

Or two
theconservativetreehouse.com... -lockdown/


Something tells me this will be back in court fairly quick. I have a sneaking gut feeling suspicion that health department route isn't as iron-clad as she hoped.



posted on Oct, 4 2020 @ 03:03 PM
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She tried to say that her EO's are in effect for 21 more days. She lied. She has 21 days to contest it. If the Supreme court says that you broke the law they don't give you 21 more days to keep doing it. it's the last gasp of a dying tyrant! a reply to: Nyiah



posted on Oct, 4 2020 @ 03:07 PM
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originally posted by: jeff77
She tried to say that her EO's are in effect for 21 more days. She lied. She has 21 days to contest it. If the Supreme court says that you broke the law they don't give you 21 more days to keep doing it. it's the last gasp of a dying tyrant! a reply to: Nyiah



Thanks for clarifying, that's what I originally interpreted it to mean before the pretzel definition started up. Hell of a lot of lying going around, just for the 21 Days debate, I can't imagine much else behind the curtain is any more truthful.



posted on Oct, 4 2020 @ 06:36 PM
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So what is the recourse for those criminally charged for defying her unconstitutional orders? We can't retro her closure order, but I bet there will be some that get their crime expunged.
Now we will see the various businesses that will continue to virtue signal and keep the mask mandate for their business. I went to the local brewery yesterday, they had all references to the masks, covid, everything removed from view, doors, etc.
edit on 4-10-2020 by Zrtst because: Sp



posted on Oct, 4 2020 @ 06:43 PM
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a reply to: jeff77
She probably figures she can get enough county boards of health to do what Oakland County did....and lock donw freedoms that way.



posted on Oct, 5 2020 @ 12:48 AM
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originally posted by: jeff77
She tried to say that her EO's are in effect for 21 more days. She lied. She has 21 days to contest it. If the Supreme court says that you broke the law they don't give you 21 more days to keep doing it. it's the last gasp of a dying tyrant! a reply to: Nyiah


And it appears that the U.S. Department of Justice is warning Governor Whitmer to not try circumventing the Michigan S.C. order, or doing anything "cute".

DOJ Statement: djhjmedia.com...



posted on Oct, 5 2020 @ 01:55 AM
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a reply to: Nyiah


That's good news!

Hopefully same will soon start in many countrys also.



posted on Oct, 5 2020 @ 04:34 AM
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Does anyone support her? She has to know she isn’t being re-elected... a reply to: Nyiah



posted on Oct, 5 2020 @ 06:52 AM
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So, I originally posted this in the Q thread but deleted it...I didn't think it was a good idea with so many crazies to advertise my situation..but I'm going to share anyway. Another reason I was reluctant was I had my first mask shame and boy it was a doozy threw me off my game...Made me 2nd guess myself.

So here is my situation...My 14 yr old was just let off of official quarantine Saturday. At her high school 2 people tested positive on campus 2 off campus.(The High School let the kids vote and they decided on these options-- in person, online or mixed classes, kids choice) Well, they have stayed open the whole time.

I was sure here in MI we would get shut down but it never happened. The Health Dept called and asked if I had any questions, told me her clear date and what symptoms to watch for..that was it. No personal questions and no one else in the family was required to quarantine.

After these 2 weeks The school still only has 4 positive cases. I'm watching how my town is behaving and the spead at an open school through this and....No spikes, no massive outbreaks just life going on. I've seen school worse with strep and the flu.

I am thanking God cause with Whitmer it could be worse. I'm not stupid it still could be...but Karens havent shut us down yet.
edit on 5-10-2020 by misfit312 because: (no reason given)



posted on Oct, 5 2020 @ 07:02 AM
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a reply to: Nyiah

Will this set a precedence and other states supreme courts follow suit? There’s a few other states still half shut down I.e. New Mexico, from what my friends say, doing some research, she is basically in the same act as Gretchen. Then you have South Carolina of all places basically open.



posted on Oct, 6 2020 @ 02:51 PM
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So she is basically using the Health Department as her right hand now.

But legally, can they even issue fines?

I can't believe she is being so blatant about her control issues.



posted on Oct, 7 2020 @ 10:50 AM
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originally posted by: chiefsmom
So she is basically using the Health Department as her right hand now.

But legally, can they even issue fines?

I can't believe she is being so blatant about her control issues.


Yeah. She’s behaving irrational and psychotic. Who even wants to control people like this? What does she get out of it? It’s looking like to me she is afraid of what her replacement will find.



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