How do you get authoritarian government? This is how
Michigan appeals court backs Whitmer’s use of emergency powers amid coronavirus pandemic
A Michigan appeals court on Friday ruled in favor of Gov. Gretchen Whitmer, finding that her emergency declarations and orders in response to the coronavirus were legal.
Whitmer implemented strict lockdown measures during the crisis, and has since extended the state of emergency to keep gyms and movie theaters closed. Masks are required in many parts of the state.
Republicans in the state’s Legislature argued that she had overstepped her authority, and can unilaterally extend emergencies only if they are local, not statewide, under the 1945 Emergency Powers of the Governor Act (EPGA). They said a separate 1976 law means statewide emergencies need the Legislature’s approval after 28 days.
The appeals court, in a 2-1 decision, however, upheld a lower court’s ruling that the moves were within her power.
“A declared statewide emergency only ends upon the governor’s declaration that the emergency no longer exists. That has yet to occur in the instant case,†the ruling said.
The ruling stands squarely in opposition to the actual laws, and simply gives Whitmer the ability to just continue her repressive, semi-authoritarian decrees. When is the so-called emergency over? What terms and/or conditions end it? She hasn’t really said. Remember, initially the lockdowns were all about keeping the emergency rooms and hospitals from being overrun. Now it’s….what? Open ended till she unilaterally decides that the peasants can go back to their lives?
Republicans have promised to appeal, arguing the court got it wrong.
“The Court of Appeals ruled today that as long as it’s the opinion of a sitting governor that there’s an emergency, they can take over complete, unilateral control of the state for as long as he or she decides. No checks on power. No separation of power,†Speaker Lee Chatfield said. “This is unconstitutional.â€
The legislature passes laws. The executive implements/enforces those laws. The judiciary rules whether those laws are constitutional. Now the judiciary is deciding to ignore the laws passed. Whitmer has signed 170 executive orders this year, after just 19 in 2019. Not all of them are about Coronavirus, but most are. Now, imagine this was Donald Trump ignoring the law and just issuing restrictive EOs. How would Democrats and their pet media respond? Heck, do you think freedom loving Republicans would be listening to him, or blasting him, similar to the way Republicans blasted George W. Bush when he attempted that “pathway to citizenship”, ie, amnesty, for illegal aliens? He’d lost my potential vote.
Senate Majority Leader Mike Shirkey also said this week that a group was trying to gather 340,000 signatures to repeal the 1945 law.
If they get the signatures, the Legislature can pass a bill to repeal it, and Whitmer is unable to veto. Shirkey said they currently have more than 200,000.
If Michigan can’t produce 300k signatures, they’re lost as a state.
