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THIS CAN BE PROVEN BY ASKING ALL 53 PEOPLE WHO LIVE IN MICHIGANS UPPER PENINSULA HOW THEY ARE FEELING.
Lion
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: Huge Victory for Michigan - Supreme Court Rules Against Gov.
: Gretchen Whitmers' Authority To Play Dictator
: “The Governor did not possess the authority to exercise
: emergency powers under the EPGA because the act unlawfully
: delegates legislative power to the executive branch in
: violation of the Michigan Constitution,” they wrote.
:
: https://michiganchronicle.com/2020/10/02/michigan-supreme-court-rules-against-whitmers-executive
: By Scott McClallen
: (The Center Square) – The Michigan Supreme Court Friday ruled
: against Gov. Gretchen Whitmer’s Executive Orders that have
: restricted Michiganders’ daily lives for the past 207 days.
: The Supreme Court unanimously ruled on the question of the
: 1976 Emergency Management Act, but split 4-3 that the 1945
: Emergency Powers of the Governor Act “is an unlawful
: delegation of legislative power to the executive branch in
: violation of the Michigan Constitution.”
: The MSC ruled any executive orders after April 30 “lack any
: basis under Michigan law.”
: “The Governor did not possess the authority to exercise
: emergency powers under the EPGA because the act unlawfully
: delegates legislative power to the executive branch in
: violation of the Michigan Constitution,” they wrote.
: Whitmer initially declared a State of Emergency for COVID-19
: on March 10 after the first known cases.
: The legislature approved a first extension of the emergency
: but declined another extension beyond April 30.
: So Whitmer acted alone, arguing the 1945 law authorized her
: widespread actions.
: Three medical centers sued Whitmer in May challenging her
: executive order that prohibited “non-essential” health
: procedures, one of the more than 190 executive orders so
: far.
: The MSC ruled that the 1945 law constitutes an
: unconstitutional delegation of lawmaking authority from the
: legislative to the executive branch.
: “The Court has restored the voices of 10 million Michiganders
: by reaffirming the constitutional protections of checks and
: balances afforded through the separation of powers,”
: Patrick Wright, vice president of legal affairs at the
: Mackinac Center and director of the Mackinac Center Legal
: Foundation, said in a statement.
: “This important decision was too long in the making, but now
: future COVID responses will have the benefit of including
: the people’s representatives through the legislative
: process.”
: The decision will require Whitmer to work with the legislature
: going forward.
: Whitmer called the ruling “deeply disappointing.”
: “Today’s Supreme Court ruling, handed down by a narrow
: majority of Republican justices, is deeply disappointing,
: and I vehemently disagree with the court’s interpretation
: of the Michigan Constitution. Right now, every state and
: the federal government have some form of declared
: emergency. With this decision, Michigan will become the
: sole outlier at a time when the Upper Peninsula is
: experiencing rates of COVID infection not seen in our state
: since April,” Whitmer said in a statement.
: “It is important to note that this ruling does not take effect
: for at least 21 days, and until then, my emergency
: declaration and orders retain the force of law.
: 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.”
: Michigan Republican Party Chairman Laura Cox celebrated the
: ruling.
: “This is a great day for the people of Michigan,” Cox said in
: a statement. “The court rightly recognized that the
: constitution gives the legislature a role to represent the
: people of this state. Governor Whitmer overexerted her
: powers. The legislature wants to be a willing partner in
: dealing with COVID-19 and Governor Whitmer should recognize
: their duly delegated role.”
: House Speaker Lee Chatfield also applauded the news.
: “The Supreme Court ruled today in agreement with the
: legislature that the 1945 law is unconstitutional. The
: governor had no right to extend the state of emergency over
: the Legislature’s objection. Our Constitution matters, and
: this was a big win for our democratic process. We will now
: continue our partnership with our governor. We will work
: through this challenge as our Constitution requires and as
: we always have in times past – together.”
: In a statement, Senate Minority Leader Jim Ananich, D-Flint,
: expressed his disappointment.
: “This is unfortunate,” Ananich said. “The Senate Democrats
: accept that the responsibility of keeping Michiganders safe
: from this unruly pandemic is now in the hands of the
: Legislature, and we will continue to partner with the
: governor in her herculean battle against COVID-19. We
: believe the wisest course of action would be to immediately
: adopt the governor’s orders via legislation in order to
: keep us safe.”
:
: https://michiganchronicle.com/2020/10/02/michigan-supreme-court-rules-against-whitmers-executive
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: https://www.rumormillnews.com/cgi-bin/forum.cgi?read=154636
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