Posted by Curt on 3 October, 2020 at 10:27 am. 23 comments already!


Good news!

The ruling found Whitmer had no authority to extend her emergency declaration past April 30 under the 1976 Emergency Management Act, which contained a 28-day time limit without the approval of the Legislature.

The justices also found the 1945 Emergency Powers of the Governor Act was unconstitutional because it unlawfully transferred powers unique to the legislative branch to the executive branch.

…The practical effect of the ruling is that it alerts anyone suing the state over Whitmer’s emergency powers that cases reaching the Supreme Court would result in a majority finding the 1976 law unconstitutional.

It also provides advice to the federal judge who requested the ruling and is currently presiding over the case brought by medical centers against Whitmer.

The order essentially brings an end to Whitmer’s emergency powers without legislative approval, but there are differing takes as to when the practical effect of the ruling would be felt.

Ruling here.

Queen Whitmer is still upset that President Trump didn’t issue unconstitutional orders to mask every single person in the United States:

To slow the rise and further protect our families from this virus, we need the Trump administration to issue a federal mask mandate.

Her orders have been devastating:

Whitmer quarantined everyone, locking people in their homes except for allowing them to go to major chain stores or work for (and still get paid by) the government.

As time passed, Whitmer’s orders got more detailed, with carve-outs for activities that raised taxes or advanced social policies. Thus, the lockdowns did not stop alcohol, pot, and lottery tickets purchases, as well as abortions. She also issued orders affecting harmless or constitutionally protected behavior, such as banning travel to vacation homes, forcing stores to close whole sections, banning store advertising and hydroxychloroquine, and forbidding jet skiing and outdoor gardening.

Her decisions were devastating to people whose lives depended on these activities or businesses. Her most vicious act was to wage a brutal war against a 77-year-old barber who had to choose between ignoring her ban against personal grooming services and starving. It took two months before a judge finally set the matter to rest by ruling in favor of the barbershop.

But as all would be dictators do, she is not giving up power easily:

“Furthermore, after 21 days, many of the responsive measures I have put in place to control the spread of the virus will continue under alternative sources of authority that were not at issue in today’s ruling.”

Dictators never give up power without a fight. We’ll see how long this lasts.

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