Michigan Appeals Court Backs Gov. Whitmer Over Actual Law On Emergency Powers

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.”

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.

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7 Responses to “Michigan Appeals Court Backs Gov. Whitmer Over Actual Law On Emergency Powers”

  1. Dana says:

    In the Bluegrass State, several lower courts and then the state Court of Appeals agreed that Reichsstatthalter Andy Beshear’s (NSDAP-KY) Führerbefehle were questionable, and issued injunctions suspending them until the courts could decide on the merits. Then The Reich Governor appealed to the state Supreme Court, and that Court ended all of the injunctions, consolidated the cases, and said it would decide on the merits. Thus, the Reich Governor’s orders stand until the Supreme Court decides.

    And the court scheduled oral arguments for September 17th, which means that if the Reichsstatthalter’s orders are eventually ruled unconstitutional, they will still have been in force for half a year, still violating our rights for half a year.

    Actually, longer than that. Oral arguments are scheduled for the 17th, but that does not mean the court will hand down its ruling then; it could still be months later before the court issues a ruling.

  2. Dana says:

    How is it that Joe Biden, the son of working-and-middle-class parents, who suffered through some periods of poverty, doesn’t understand working class people, but Donald Trump, the son of a millionaire who never wanted for anything, does? Mr Biden, whose father had trouble finding sustained work in Scranton, said he’d close down the economy if scientists told him to, without a single expressed concern about the people it would throw out of work, while Mr Trump is concentrating on getting people back into jobs.

    It’s been just so easy for people whose livelihoods aren’t threatened by unemployment during an economic shutdown to say that we have to do it, it’s necessary. For those who do get laid off, and have to wonder how they’re going to keep a roof over their heads, not so much.

    So, which is more deadly, a serious virus that most people don’t contract, the vast majority of victims nevertheless survive, with 40% never even getting sick, or being homeless through the winter, especially if you have children, and possibly freezing to death on the streets?

  3. formwiz says:

    This should go to Federal court where the local machines have no influence.

  4. Elwood P. Dowd says:

    Porter typed: How do you get authoritarian government?

    By voting for Donald Trump? He proposes sending police, attorneys, soldiers, attorneys general to the polls to suppress voters, actions that he can’t take.

    The appeals court ruled that Gov Whitmer was within the emergency powers law.

    Michiganders can elect representatives to repeal/modify the law. The gun-totin’ rioters who invaded the capitol wanted to hang her.

    Porter, referring to how GOPhers might respond to Trump EOs, typed: do you think freedom loving Republicans would be listening to him

    Well, yes. Who are you trying to kid? Freedom is what trump says it is.

    • formwiz says:

      No, he just intends to make sure your side doesn’t employ its usual shenanigans.

      State court tied into the state machine. Let it go to a Federal court.

      Michiganders can elect representatives to repeal/modify the law. The gun-totin’ rioters who invaded the capitol wanted to hang her.

      They did? You can prove that? And, since Ubersturmbannfuhrer Whitler has shut down the state, elections are one of the things she’s eliminated.

      Funny how that works out.

      Well, yes. Who are you trying to kid? Freedom is what trump says it is.

      No, you just wish it was what your overlords say it was. As it is, Teach merely presented the argument if Trump had decreed the things the Ubersturmbannfuhrer has. Unlike Demos, Rs do know their rights and will stand up for them.

      So you lie again.

      That’s what scares you. The Antifa crowd is finally getting its ass kicked.

      You will be next.

  5. Jl says:

    And what freedoms have been lost under Trump? Good luck with that. “He proposes…”. This is just like the global warming scam-this or that “may”, “could” or “might happen”.

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