Michigan Court of Claims Judge Cynthia Stephens ruled that Gov. Gretchen Whitmer’s (D) emergency declaration and accompanying stay-at-home orders were legal, a big initial win in a case that may end up at the state Supreme Court.
“The Court concludes that plaintiffs’ challenges to the Governor’s authority to declare a state of emergency under the EPGA and to issue Executive Orders in response to a statewide emergency situation under the EPGA are meritless,” Stephens wrote.
She added, in a concession to the legislature, that the governor had violated one of the state’s emergency laws, the Emergency Management Act of 1976, with her successive declarations based on the same, ongoing emergency. But, the other emergency law, called the Emergency Power of the Governors Act of 1945, granted her sufficient authority so that it didn’t matter.
Whitmer’s lawyers had made a similar argument in initial filings — that even if she hadn’t fulfilled the qualifications of the newer law, which includes mandated authorization from the legislature, she was covered by the older one. They called it a “belt and suspenders” situation — “even if the belt is removed, the suspenders remain.”
Per Michigan Senate Majority Leader Mike Shirkey, the legislature will appeal the decision.
“While we are disappointed by aspects of this determination, we are vindicated in our assertion that the Governor acted unlawfully in attempting to extend the states of emergency and disaster under the Emergency Management Act without legislative approval,” he said in a statement. “We are confident in our position and will appeal this ruling.”
The legislature’s move is unsurprising. Stephens herself during last week’s oral arguments suggested that the case will likely ultimately end up before her “big bosses” at the state Supreme Court.
The Republican-controlled legislature sued Whitmer at the end of April after they let her old emergency declaration expire without extending it. When she declared a new one via executive order, and a stay-at-home order to accompany it, they accused her of executive overreach and filed the suit.
Read Stephens’ order here:
Meanwhile deaths and infections in ga, fl, and Texas are going up. Wisconsin has started to go the same way.
Who owned the deaths is going to be what this falls election is about, and as deaths/infections climb, there is no way the economy gets back to normal no matter what pub governors or trump demand, yell, whine.
Because rethugs want you dead,so there!
Since Gretchen is in the process of re-opening the state hopefully it won’t go to the SC and the repubs will just go home with their tails between their legs.
OT, from the editorial column:
Hedge Fund Chief Says It’s Time to Go For Herd Immunity
It’d be a little more realistic if it read, Hedge Fund Chief Say It’s Time to Go for Mass Murder.
Josh does make that clear in the editorial; but, for real, we don’t even know that there is acquired immunity for covid-19. This is a blatant call for putting profits before people lives,
Please pardon: it’s so twisted, I had to comment.
Court Rules Deplorables Deplorable. But I think everyone’s beginning to get the idea.