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.
See author page
From my reading of it, the court order goes into effect immediately. So where does Whitmer get her 21 days crap from?
@Petercat: A spokesperson for Whitmer said the 21-day period is derived from a Supreme Court rule that puts all decisions into effect in 21 days.
Too bad the summer is gone for all those that paid premium lake front taxes for summer family fun. All the businesses that depend on those summer dollars, The Tommy Bartlett show in the Dells went under with the local heath rules and scareathon after 69 years of clean family entertainment.
https://www.jsonline.com/story/money/business/2020/09/16/tommy-bartlett-show-wisconsin-dells-closing-permanently/5817069002/
@kitt: #2
Oh. That stinks.
Well, the court should let her know that, in 21 days, if she is doing anything to go around the intent, or “penumbra”, if you will, of their ruling, that she will be found guilty of contempt of court, picked up on day 21 plus 1 minute, and held in jail for 90 days.
Then do it.
Democrats love to wield that power. They think everyone can just get more money from the federal government or print more, as they can.
@Petercat: The power will be quickly xfered to local heath officials add power instant asshole types, enforced by liberal hag Karens who will make that phone call in a second. No fun allowed, no concerts, no movies, no waterskiing shows, no parties, no dirt track racing, no fun at all.
Michigan is living inside Oscar the grouches trash can.
As a resident of the state of Michigan I can state that the people of this state voted for what they got. In addition to Whitmers destruction of the economy she has made arbitrary that made no sense. If the Chinese flu is that bad, why didn’t she close the bridge and isolate the U.P. ? Why did the AG threaten a drive-in theatre that was going to hold church services where people would be in their own cars? All that the legislature wanted was to be allowed input.
@71 Grad: My deepest sympathies for the Governor the voters of Michigans cities such as Detroit have put in power, they never learn. As I understand it stripping her of her power has led to much screeching in 21 days you are all gonna die! Especially if you dare to enjoy the natural beauty and recreation your fine state offers. Your still allowed to get high, which was promised in the election by Tony Evers, but never delivered. I guess if youget the real good stuff and smoke alot of it you may gain a mental state that you understand their theology, or just get hungry but cant go out to eat. The UP issue may be a false flag to prevent Wisconsinites from smuggling garden supplies and paint to our beloved neighbors. 😉
Following MI Supreme Court Decision, AG Will Not Enforce Gov. Whitmer’s COVID Shutdowns
This could be significant in the sense that citizens of other states enforcing unnecessary lockdowns may themselves have remedy. Additionally, if edicts put in place after April 28 may have caused irreparable harm, there may be civil suits against the state of Michigan.
@July 4th American: Since all the riots and protests have essentially served as a sneeze into the petri dish, destroying any and all benefits from the long and onerous shut down, ALL restrictions should be lifted.
@Deplorable Me:
Were I a citizen of the state of Michigan, I would resume all activities as if the Kung flu had never occurred.
The Gov ruled that stores can’t have sales because it causes people to get out of their isolation. Who cares about sales? Poor people and retirees, that’s who. Once again Dems looking out for the poor.
AG Nessel has announced that she will be investing the people who brought the lawsuit that resulted in the SC ruling. Never let go Dem’s!
Michigan needs to have recall against this screwball and have he removed from office the same gose for all states with Democrat Governor
The Michigan Department of Health and Human Services strikes back:
October 6, 2020 – Read the full order that DHHS is using to replace 40 Whitmer rules
October 5, 2020 – Tuesday, Oct. 6, coronavirus data by Michigan county: 3 counties climb to orange, 7 remain red
The health department does not have police powers to enforce a mandate. The people of Michigan should tell state government to fook off.
@July 4th American:
The increasing COVID-19 infection rates in the Upper Peninsula show what the Governor and Michigan Dept of Health and Human Services are trying to keep from happening in the rest of the state. They don’t want a strong COVID-19 surge overlapping flu season. Do you think getting hit by both would be in the interest of the people of Michigan? The Governor and the Health Department don’t.
The governor and the health department are both acting unconstitutionally. There are no facts to support the actions of either the governor or the health department. Take your communist Chinese propaganda elsewhere.
@July 4th American, #16:
I don’t know why you keep making such accusations. As I mentioned elsewhere, perhaps you’re the Russian or Chinese troll. That’s just as likely. So, consider the logic of the following:
At worst, masks are ineffective. That hardly makes requiring them in public places during a pandemic a blatant display of disregard for the Constitution. It would only be an overabundance of caution on the part of public health officials.
If, on the other hand, they’re as beneficial as all experts believe and as common sense suggests, significantly reducing the likelihood of transmission, then encouraging people not to wear them is positively harmful.
@Greg: There is no consensus science on masks, quit lying they may cause bacterial lung infections.
Apr 22, 2015 — Respiratory infection is much higher among healthcare workers wearing cloth masks compared to medical masks, research shows.
https://www.sciencedaily.com/releases/2015/04/150422121724.htm
The FBI and the Michigan State Police just struck down an elaborate plot by right wing militia members to kidnap Governor Gretchen Whitmer in an effort to overthrow the state government and instigate civil war. The plan involved active surveillance of the Governor’s vacation home, the planned use of diversionary bombings to draw police attention elsewhere during the plot’s execution, and the bombing of a highway bridge to interrupt police access to the location. According to initial reports, communications were done using encrypted messaging tools, tactical materials had been acquired using pooled resources and exchanged between conspirators, and improvised shrapnel bombs had been field tested. Twelve individuals have reportedly been arrested in connection with the plot. Individuals from multiple states are said to have been involved.
October 8, 2020 – Feds say they thwarted militia plot to kidnap Whitmer
@Greg: Just read that, terrible danger 12 yahoos are going to overthrow the Michigan government.
Wittmer put up a fence around the governors mansion I thought fences didnt work?
I liked everything about the plot except they were going to drag her tyrant carcass into Wisconsin…ewww keep her.
Polka is Wisconsins official music…
In Michigan you cant drink beer
How many plotters with guns, explosives, and a plan to do serious harm you think it takes to create a domestic terrorist event?
@Greg: Read the full article they were not planning to blow up or shoot up anything, they were going to wait til she broke her own rules by going to her lake property then kidnap her, take her to a remote location in Wisconsin which covers most of northern Wisconsin, lots of 40s and 80s used for hunting, the whole setting up a Chaz or Chop zone thing sounds like the group got infiltrated by a moron. Over 6000 scientists say shut downs dont work open the country protect the frail and elderly. Herd immunity is the only way out.
BTW its time to shut down and winterize our vacation properties temps reaching the freezing point at night.
The town that experience out of town “ideas” for a police officer shooting an armed 17 year old with a stolen weapon that discharged first is pronounced + WA WA Toe Sa. Breaking windows in residential buildings after curfew.
@Greg: Gosh, if only someone could have stopped left wing terrorists from taking over 6 city blocks in Seattle and killing people at check points. Or taking over Portland and trying to burn the mayor and his fellow residents alive in their apartment building.
Or, maybe we should just ignore it and deny it even happened. I guess that’s an option, too, invented by the Democrats.
Notice that, prior to the widespread left wing insurrection, there was no such “militias” plotting to take over state capitals. This is a reaction incited by the massive and ongoing violence of the left. Many of us have told you this was coming, but you were too ignorant to heed warnings.
Whitmer exacerbated the situation by becoming a despot. God, I just wish someone could have at least GAGGED her. Damn, she can lie. Of course, even though Trump denounces ALL violence, it was all his fault; not those who promote the lies invented by the far left or those weak, failed Democrats who allow violence to proceed, unchecked.
This is YOUR mess.