.
1945 Michigan law allowed the executive to exercise legislative powers indefinitely.…“We argued from the beginning that unlimited powers for a politician were a terrible idea. Today, we know that they are also unconstitutional,” Wszolek said.”
Oct. 2, 2020, “‘Michigan Is Now Unlocked’: State Supreme Court Strikes Down Emergency Powers Law,” Breitbart, Kyle Olson...Image, 10/2/20, AP
“The Michigan Supreme Court on Friday struck down a 1945 law that Gov. Gretchen Whitmer (D) has been using to keep the state locked down since April.
Whitmer has repeatedly extended a “state of emergency” for the past several months and pointed to a World War II-era law to do so, most recently lengthening it until October 27.
But today, the basis for the ongoing lockdown was ruled unconstitutional. The Court concluded the Emergency Powers of Governor Act:
“…is in violation of the Constitution of our state because it purports to delegate to the executive branch the legislative powers of state government–including its plenary police powers–and to allow the exercise of such powers indefinitely. As a consequence, the EPGA cannot continue to provide a basis for the Governor to exercise emergency powers.”…
“Michigan is now unlocked,” Fred Wszolek, spokesman for Unlock Michigan told Breitbart News.
Unlock Michigan has been leading a petition drive to repeal the same 1945 law. On Friday, the group submitted 593,000 signatures to force a vote by the legislature, Mlive reported.
“We argued from the beginning that unlimited powers for a politician were a terrible idea. Today, we know that they are also unconstitutional,” Wszolek said.”
………………………………
Added: Bloomberg Law on this story:
A particular problem with the 1945 law is that a governor can unilaterally make an “emergency” last forever if so inclined:
Oct. 2, 2020, “Michigan Governor’s Covid Orders Tossed by State’s Top Court,” Bloomberg Law, Alex Ebert
Four justices held that the state statute Whitmer relied on was an unconstitutional delegation of legislative authority because there weren’t sufficient limits on her powers, such as duration of an emergency, that “constrained the Governor’s actions in any meaningful manner.”
Whitmer didn’t immediately respond to a request for comment.
The case is In re Certified Questions from the U.S. Dist. Court, Western Dist. of Michigan, S. Div., Mich., Mich., No. 161492, Opinion 10/2/20.”
“(Updates with additional detail in the fourth paragraph.)”
……………………………………..
Added: AP on this story: “The justices unanimously agreed that any orders past April 30 without input from the Legislature were not valid.…Republican officials said Whitmer can continue to use a 1976 law, which gives lawmakers a say in any emergency declarations after 28 days....If 340,000 of [the 539,000] the conservative group’s signatures are deemed valid, the Legislature could adopt the bill and Whitmer could not veto it.”… Persons who prefer “unchecked authority” are themselves a danger to public safety and need to be institutionalized.
Oct. 2, 2020, “Michigan governor’s virus powers upended with court ruling,” AP, David Eggert and Ed White, Lansing, Michigan
“A 1945 law repeatedly used by Gov. Gretcher Whitmer to [purportedly] respond to the coronavirus pandemic was declared unconstitutional Friday by the Michigan Supreme Court, a striking decision that puts months of restrictions in jeopardy while COVID-19 continues to flare up around the state. [No link].
The opinion is an extraordinary development in a monthslong conflict between Whitmer, a Democrat, and Republicans who control the Legislature [elected to represent the people] and have complained that they have been shut out of sweeping [unilateral alleged emergency] orders that have impacted education, the economy and health care.
Coincidentally, the court’s action emerged on the same day that [desperate, voiceless Michigan citizens] Whitmer’s [alleged] foes submitted more than 539,000 signatures in a bid to repeal the ’45 law.
[“Foes?” This is about brutal imprisonment with no end date. “30 days to slow the spread“ morphed into 7 months with no end in sight.]
The governor said the 4-3 decision, with Republican-nominated justices in the majority, was “deeply disappointing.” But Whitmer did not signal that she was giving up. She said her emergency declaration and related orders still can remain in place for 21 days, and then many of them will continue “under alternative sources” of law.”…
[Ed. note: Nursing homes are only a small portion of long term care facilities in Michigan, but as of June 15, 2020, “Nearly 34% of the deaths from COVID-19…in the state state came from nursing facilities.”...As of June 10, 2020, “The Whitmer administration has yet to disclose COVID-19 cases and deaths at other long-term care facilities across the state. Combined, these facilities — adult foster care, homes for the aged and unlicensed assisted-living centers — have the capacity to house far more seniors and disabled residents than the state’s 458 nursing homes. While Michigan nursing homes have a capacity of 46,000 residents, combined capacity at these other facilities exceeds that by thousands of residents. State officials say they are still compiling COVID-19 numbers for adult foster care and homes for the aged, which are licensed by the state. More challenging would be gathering meaningful data on assisted-living facilities, which are not regulated in Michigan. There is, in fact, no firm count on how many assisted-living centers there even are in the state. That means there remains no easy way for the public to check the status of COVID-19 at facilities across the state with a population at high risk from the virus.…Michigan continues to lag other states in reporting on coronavirus deaths in all long-term facilities.“]
(continuing): “Whitmer did not elaborate, but it is likely that her administration will act under public health statutes. The state health department, for instance, previously issued orders mirroring some of the governor’s restrictions.
“Every state and the federal government have some form of declared emergency,” she said. [On Sept. 25, Florida ordered the end of fines, penalties, or prohibitions against any person or business for an alleged Covid related reason including masks.] “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.”
For nearly seven months, Whitmer has imposed-–and sometimes eased– restrictions on Michigan’s economy, K-12 school system, health care and even visits to state parks, all in an [alleged] attempt to reduce the risk of the highly contagious virus, which has [allegedly] infected 126,000 residents and killed more than 6,700 [one third of which were in nursing homes, with a likely larger percentage from other long term care facilities in Michigan about which little or no data was available as of June].
(continuing): “Masks are required in enclosed public spaces and in crowded outdoor places. Restaurant capacity is limited to 50%. People must work remotely if they can, and indoor residential gatherings are capped at no more than 10 people.
Republican officials said Whitmer can continue to use a 1976 law, which gives lawmakers a say in any emergency declarations after 28 days. [Why would you want or need more power than this?]
The Supreme Court said the ’45 public safety law cited by Whitmer granted Michigan governors unchecked authority.
“That act is an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution,” Justice Stephen Markman wrote. “Accordingly, the executive orders issued by the governor in response to the COVID-19 pandemic now lack any basis under Michigan law.”
In a dissent, Chief Justice Bridget McCormack said she would have let the law stand, even if it gives a governor sole authority to “exercise the whole of the state’s police power in some emergencies.”
Lawmakers could repeal the law or amend it, and frustrated residents could sue if they do not agree with specific orders, McCormack said.
“The majority needlessly inserts the court into what has become an emotionally charged political dispute,” McCormack wrote, joined by fellow Democratic-nominated justices Richard Bernstein and Megan Cavanagh.”…
[Ed. note: A “political dispute?” Brutal imprisonment with no end date is a life and death matter. Many Americans don’t identify with either of the two political parties.]
Although the constitutionality of the ’45 law produced a split ruling, [meaning, not unanimous] the justices unanimously agreed that any orders past April 30 without input from the Legislature were not valid.
The case reached the Supreme Court in an uncommon way. A federal judge overseeing a lawsuit that makes state and federal claims about Whitmer’s powers asked for an opinion on the constitutionality of the Michigan laws.
“Our Constitution matters, and this was a big win for our democratic process,” said Republican House Speaker Lee Chatfield of Emmet County.
In a footnote to his opinion, Markman offered an optimistic message.
“Our decision leaves open many avenues for the governor and Legislature to work together to address this challenge and we hope that this will take place,” he said.
Unlock Michigan, which collected petitions for an initiative to rescind the ‘45 law, said the law still needs to be repealed. If 340,000 of [539,000] the conservative group’s signatures are deemed valid, the Legislature could adopt the bill and Whitmer could not veto it.
“A different court, at a different time, could come to a different conclusion,” said Unlock Michigan spokesman Fred Wszolek.”
............
No comments:
Post a Comment