The supreme court in Michigan has ruled that Governor Gretchen Whitmer exceeded her constitutional authority under state law in the arbitrary enforcement of her unilateral decrees to mitigate the COVID-19 virus. [pdf here] As the court wrote in the opinion rebuking the governor:
“The people of this state have been denied a voice and a seat at the table in decisions that have impacted every facet of their lives and their futures over the past eight months. They deserve to have their representatives bring their voice and their concerns into this decision-making process.”
At the heart of the governor’s legal argument was a 1945 law allowing the governor to declare a state of disaster or emergency if she finds one to exist and it remains in place for 28 days, unless the Legislature extends it. The legislature did not extend the declaration, yet the governor continued to restrict the citizens without any representative voice.
MICHIGAN – […] In the 4-3 ruling, the court determined the governor did not have the authority under state law to issue any additional emergency declarations pertaining to the pandemic after April 30. That was the last date when the legislature allowed the governor to declare an emergency.
“The governor’s declaration of a state of emergency or state of disaster may only endure for 28 days absent legislative approval of an extension. So, if the Legislature does nothing, as it did here, the governor is obligated to terminate the state of emergency or state of disaster after 28 days,” said the majority opinion, written by Judge Stephen Markman.
[…] “Put simply, and our criticism is not of the Governor in this regard but of the statute in dispute — almost certainly, no individual in the history of this state has ever been vested with as much concentrated and standardless power to regulate the lives of our people, free of the inconvenience of having to act in accord with other accountable branches of government and free of any need to subject her decisions to the ordinary interplay of our system of separated powers and checks and balances, with even the ending date of this exercise of power reposing exclusively in her own judgment and discretion,” the majority wrote.
“It is in no way to diminish the present pandemic for this Court to assert, as we now do, that with respect to the most fundamental propositions of our system of constitutional governance, with respect to the public institutions that have most sustained our freedoms over the past 183 years, there must now be some rudimentary return to normalcy.” (more)
Here’s the full ruling:
[scribd id=478479186 key=key-WL6tNitMQGS2BzrkWvGK mode=scroll]
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So, when will she shut THEM down?
So, when will the people of Michigan be granted their freedoms from this dictator?
Or are they doomed forever?
Whitless says 21 days.
I say it should end now.
That has been the answer for every one of these marxists. It is always 2 or 3 weeks from now & everything will be better.
They have done this for almost 8 months now & they will never end it.
They will not relinquish power until they are physically removed from office.
They will claim some new disease is in the water and shut off the water, if necessary.
They are playing for keeps.
21 more minutes is too long.
looks like two years but there are recall petitions.
If her actions since April have been illegal, there is no reason for everyone to obey them now. They are null and void and unenforceable.
Agreed.
Exactly. An executive decree not supported in law is unenforceable and, in fact, cries out that it MUST be disobeyed.
After getting word on the Supreme Court ruling the Governor issued a statement which in part said:
“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.”
I’m sure Whitmer thinks her power over us Michiganders isn’t over. She will invest the Michigan Department of Health & Human Services with responsibility for handling Covid reaponse & regulation. No doubt about it. Our Legislature is powerless.
Yeah but the state is now open to lawsuits.
How is “controlling the spread” of a virus that 99%+ don’t die from a legitimate cause for invoking emergency powers that have no quantifiable end point?
Your legislature needs to repeal any and all laws that are now being used to usurp your state and federal Constitution. Your legislature needs to get to work for the people and not the elitest!
They never do that.
Michigan is a mess.
Beany,
No law of any Government in the US can supersede the US Constitution. The sole purpose of Government is to secure Our individual rights and any authority granted to Government is subject to the consent of the governed. Rights are not subject to ’emergency’ powers. There is zero legal[constitutional] authority to ‘suspend’ an innocent person’s rights.
These little tyrant Governors can be stripped of every penny they own. This is why they’re going down with ‘guns’ blazing. Unfortunately for them, they are overwhelmingly outnumbered and outgunned.
Freedom, baby. As Jerry Miculek says, “Get some”!!!
Beany too bad the state legislature has yet to write a Whitmer, veto-busting bill since April. I guess they don’t have that arrow in their quiver. Sorry you’re suffering up there.
Sooner than we will in Pennsylvania, abigail. This week the Big Bad Wolf got a judicial stay against the ruling by the Federal Judge who last week determined that the Gov has exceeded his Constitutional authority.
We await, in perpetuity. It heads next to the federal Court of Appeals. The losing side in that series will have the right to take it to the SCOTUS. I hope there are nine Justices on board the train by then.
I am so damn sick of law breaking elected officials and their appointed, boot-licking toadies.
war- I don’t think anyone quite compares with our monster, Killer Cuomo:
https://nypost.com/2020/09/30/its-past-time-to-pull-the-plug-on-andrew-cuomos-dictatorial-pandemic-powers/
Silly rabbit, tyrants do NOT give their power away, no matter what a court says.
The people have to TAKE their freedom back.
In the past people have voted in communism. Almost always, they have to shoot their way back to freedom. Like early Americans did 244 years ago.
My neighbors are Michigan snowbirds. They think that their governor is doing a great job of taking care of them. ?
I have family in NY that think their Govenor is doing the same thing. Crazy.
Masooch and others- Writing from Killer Cuomo’s NY Gulag, when I read this decision I wanted to cry with rage. If anything the noose is being tightened on a daily basis by this criminal thug who belongs in prison along with the other scumbags like DelAssholio.
As soon as it was announced that our President Trump had the virus, they must have gone on high alert to inflict as much pain as possible on the citizenry. Now, even if you wear a mask, (which I never do unless I absolutely have to) you get hassled unless it covers your nose!
New York is rapidly being destroyed by our sociopath governor who literally is responsible for the deaths of over 10,000 elderly victims who died in nursing homes without the benefit of their friends or families.
Cuomo’s heartless, barbaric cruelty is worse than anything out of Nazi Gernmany. As I write this, my 98 year old mother is in a local hospital in a coma, most likely on her death bed. Visiting rules are one family member per day. That’s it. What possible sense does that make to stop the virus? None. Because it never was about health and safety- it’s ALWAYS been about taking out the President and CONTROL.
Here’s something from a local paper about the latest terrorism from on high:
https://dailyvoice.com/new-york/putnam/politics/covid-19-local-governments-can-now-be-fined-10k-a-day-at-virus-hotspots-in-ny/795397/?utm_source=breaking-email-news-alert&utm_medium=email&utm_campaign=breaking-putnam-73620
If we had a real DOJ the Governor’s who directed sick people to nursing homes to kill and clear out their Medicaid rolls would already be in prison.
Y E S, @ SanJac. Getting away with negligent homicide has served them well indeed. The entire Democrat machine now believes it can get away with anything, including the unilateral destruction of our election laws, to achieve the chaos, and hence, the electoral outcome that they seek.
Such a useful little lab created influenza bug…
“Never let a crisis go to waste.”
Seneca, prayers for your mother
My mom suffered from dementia and was in a nursing home for eighteen months before she passed
I’ll tell you, I’m just glad it didn’t happen at this time, because my mouth would have been roaring
I feel for you
truth- thanks very much for your comment and kind words. Very much appreciated.
The worst part with NY is the State Legislature voted to give the power to Cuomo…. He can do most anything he wants to… The radical Dims have control over the state legislature so they can do anything they want regardless of the folks who do not live in the cities!
The NYC metro area has more votes than all the rest of the state… they have no voice…
Cuomo said there was no room in NYS for conservatives!
>The worst part with NY is the State Legislature voted to give the power to Cuomo<
Fools never learn.
Look up "Enabling Act of 1933."
Ohhh…., Seneca.
What an unnatural mess!
I am saddeded… sorry… that you are being robbed of the shared experiences with your family; that words may not convey.
On the other hand, perhaps each of you having to experience private visits may give cause for another kind of sharing.
May your Mother be in painless & lovely places –in mind and body on her journey.
You, be and stay well
Patience- thanks very much for you kind words and comment.
I’m so sorry about you, Seneca, and your mother. Heartbreaking.
Seneca you have my most sincere and heartfelt thoughts and prayers for you, your family, and your mother. May God speed her recovery and keep you safe in this unusually difficult period.
Gb Bari- thanks for your kind words and many thoughtful comments. With God’s help we are getting through this.
That is a terrible situation, Seneca. These Governors, like yours, mine, and the Witless one, belong in prison – no mercy.
I am so sorry about your family’s situation. I went to school – undergraduate – in Oneonta, at Hartwick, and have a life-long love for upstate NY, one of several reasons I enjoy reading your posts.
These are difficult times for all families who are trying to keep their elderly loved ones healthy and safe. My prayers are with you and yours.
Prayers for you, your mom, and your family seneca.
Seneca,
So sad to hear about your mom. So sad.
My 96 yo grandma (Mema) and my oldest sister are in the same nursing home. They went on total lockdown early March. No visits.
Mema has dementia so bad she can’t remember that we are not visiting. My oldest sister thinks we forgot about her despite the phone calls and video chats and visits by phone through the window.
Today was the first day my middle sister and I could visit them physically. One hug allowed. It was an awesome 30 minutes 🙂 I’ll take what I can get at this point.
They did allow us to have a pizza delivered and we could have dinner together.
We had to have a negative Chineese virus test within 7 days and have to be tested every 14 days to continue visitation rights…
My most sincere thoughts and your mom will be in my prayers daily now.
Requiring follow-up PCR testing within 7 days as well as every 2 weeks to maintain physical contact with loved one …at whose expense? Who profits from these repetitive tests besides the test mfgs, labs & medical offices who provide results as per HIPAA requirements?
Positive- thanks for your post and your kind words. I am no stranger to dirty politics but even I am shocked at the heartless cruelty of Killer Cuomo and his thug buddies.
This was never about health and safety- always about taking out our President and the Deplorables.
Many of these elderly people like my mother are in a coma and never coming out alive. What difference does it make at this point if she gets Corona? In fact, thanks to the filthy corruption of NY, I would think that the hospital would love it if that were the case- they collect many thousands of dollars for Covid patients.
Seneca, sorry to hear about your mom. The senseless cruelty from this entire sham has been unbelievable for me. These people truly are sociopaths. Cuomo has been one of the worst. Your mom will be in my prayers, and I hope for the best of outcomes.
star- thanks for you kind words and many great comments. Yes, Killer Cuomo belongs in Super Max prison too.
Seneca, May the LORD give you, your mother and your family comfort during this trying time.
I don’t know if you saw it, but Senator Ted Cruz gave Fredo Cuomo ‘what for’about how his murderer brother treated the elderly in the nursing homes by exposing them to China flu.
here- thanks for your kind words!
Greetings Seneca the Elder!
I have been wondering about you and your family and the lunacy under which you have suffered and are suffering in N.Y.
As I write this, my 98 year old mother is in a local hospital in a coma, most likely on her death bed. Visiting rules are one family member per day. That’s it. What possible sense does that make to stop the virus? None. Because it never was about health and safety- it’s ALWAYS been about taking out the President and CONTROL.
You are quite correct! And I understand your frustration: we are now tasting a few drops of Communism/Nazism and their initial effects on a population both unthinking and passive, watching, allowing, and shrugging at every little loss of their freedoms, ultimately fearful of the government, when the proper reaction is to resist in every way possible.
They cannot put everyone in jail…but nobody wants to be the first one to step forward and resist.
However, as I have told my students throughout the decades in various contexts: Everyone must be brave enough to step forward at the same time! Everyone must be brave enough to be “The First One,” in order for tyranny to fail.
America is failing this test right now. Perhaps the light bulbs in the brains will eventually illuminate enough people to stop the DEMS from destroying America.
Best Wishes for the future!
Ausonius- thanks for your kind words and many wonderful comments. You are so right about resistance- they can’t arrest all of us!
That being said, things have gotten worse here in Northern Westchester/ Putnam. The mask Nazis are ramping up their reign of terror as Killer Cuomo is going to be fining MUNICIPALITIES for not obeying his dictates.
Even before the Scamdemic, NY State was broke but now the Commie Dems are coming in for the kill. They need every penny they can squeeze from the remaining taxpayers and that includes fines and higher taxes and fees.
If we were younger, we would have left by now, but we have been here for generations and why should we be forced to leave?
We are ready to fight the good fight as I have been doing before this. There are many thousands of upstate New YOrkers who are not to be trifled with
I am not sure when it will happen, but sooner or later, when we have nothing left to lose, there is going to be a rebellion.
Ausonius- thanks very much for your wisdom and kind words. I really enjoy your thoughtful commentary.
I don’t know if this happened to you, but when there were all the problems with the CTH site, I lost notifications for this blog and am just now picking them up at another WP site I follow.
Really strange what happened, and the timing couldn’t be worse.
The always brilliant Mark Steyn has written quite a bit on the topic of free speech and having the courage to be the first ones to stand up for Liberty.
I have been fighting in the local political wars for generations- town, county and state. It is a dirty rigged game at this level and I can only imagine how much worse it is higher up the food chain.
Our President Trump is our last best hope, at least that’s the way it seems to me.
He does have many millions of supporters and there is strength in God and in numbers.
Keep the faith!
Seneca, so sorry to see your post. Prayers for your mother and family.
WSB- thanks so much for you kind words and many thoughtful comments!
I feel so terrible for your family being held hostage inside our state. Cuomo is dillusional and vicious.
I hope you all can take solace in spite of this situation we have been thrown into.
Obviously your family did not include the six or seven thousand people who died in nursing homes per the “directive” of the governor.
NC is still on lockdown, Gov. Roy Cooper is a China stooge.
We have barely the problems of the rest of the country, but our dear Governor took the one thing he could fix, Nursing home deaths top New York’s per capitol % of deaths.
He needs to stand trial along the rest of these Democrats who let people die for money and political power.
My mom is a Michigan snowbird. She and her husband are there now. She’s a little bummed that they changed their residency to Florida because she can’t sign the Recall Whitmer petition that’s coming out in a couple weeks.
Please tell me about this petition. I only know about the one that was cancelled.
Never mind, found it. https://recallwhitmer.com/#faq-section
I live in MI and she is terrible.
Chip, I often wonder how people can possibly get to that level of stupidity
I’ve known completely whacked out alcoholics and drug addicts with more common sense and critical thinking skills
They’re not stupid. They’re evil.
Hey Chip: Then ask em to get back there & spare our great state. Oh ya and tell em I said GO BUCKEYES. LOL
Within her is a totalitarian ideology.
Sadly, this ruling seems squishy and it was only narrowly ruled against this vile woman dictator.
Ok so what now?
Good question.
I believe she now hast to work with the legislature where they agree on reasonable protections and legislature codifies it.
As explained in the opinion, the underlying case is FEDERAL and is pending in the 6th Circuit. The federal court took the highly unusual step of asking a pair of “certified questions” to the Michigan Supreme Ct regarding Michigan law: “The federal district court has asked this Court to address two certified questions: (1) whether, under the EMA or the EPGA, the Governor has had the authority after April 30, 2020, to issue or renew any executive orders related to the COVID-19 pandemic; and (2) whether the EPGA and/or the EMA violate the Separation of Powers and/or the Nondelegation Clauses of the Michigan Constitution.” The Mich Sup Ct replied by answering those two question strongly AGAINST Gov. Whitmer. So “What now?” The answers will go back to the 6th Circuit and THAT litigation will continue AGAINST Whitmer.
thank you for that distinction. i did not understand that part til now. here in michigan we managed to collect way more signatures than required to overturn the 1945 law in it’s entirety. so maybe we citizens can kill the law completely before the the courts do!
Witless and her AG already said they will not comply with any court orders. Remember the Barber who sued her? nothing changed. This ruling is meaningless to Witless.
That means she is a tyrant.
I’m sure this leaves her open to multiple lawsuits.
Those lawsuits are already under way, pending appeals in the 6th circuit, as explained in my post above.
Sure. But lawsuits take TIME. While those affected continue to suffer. Why not a temporary restraining order? Does that not go into effect immediately?
Damages take time. But an emergency injunction or writ of mandate can go fast and ex parte.
Very fair and good question.
From the ruling:
“…almost certainly, no individual in the history of this state has ever been vested with as much concentrated and standardless power to regulate the lives of our people, free of the inconvenience of having to act in accord with other accountable branches of government and free of any need to subject her decisions to the ordinary interplay of our system of separated powers and checks and balances, with even the ending date of this exercise of power reposing exclusively in her own judgment and discretion,” the majority wrote.”
What may need to occur is that the state Legislative Branch needs to “grow a set” and start the process of taking back the balance of power that is supposed to be shared. This may include limiting the Executive Branch or even impeachment, but in all cases there have been far to many Executive Orders, without consulting the people’s representatives (or simply ignoring them in some cases such as Pennsylvania and Virginia).
At the minimum, we need to return the states the democratic / republics they were intended to be.
Best…
Template by obummer.
My friend, I would say template by the original OG, President Woodrow Wilson. The Patron Saint of “Progressives”.
Yet, your post hits it right on the current head and made me smile. Thanks.
Best…
A post from PA with a MI connection:
The PA General Assembly is working on an Amendment to the State Constitution that will never again allow any PA Governor an unlimited calendar authority, or unlimited general powers, in a Declaration of Emergency.
The Amendment is written to disallow any future PA Governor from usurping the Constitutional authority of the Legislative Branch for any reason, even in the event of a Declared State of Emergency.
Wolf has steadfastly refused to work with the State Legislature – called the General Assembly here. He hid for the first several months, refused phone calls, and refused all discussion with our elected Representatives. He consulted only with Dr. Rachel (formerly Richard) Levine, State Secretary of Health, and allowed The Doc beaucoup authority to issue “mandates”, “by order of the PA Dept. of Health”.
Our Governor did the same thing that Witless did. He seized upon an archaic law, specific to the conditions of a Declaration of Emergency – a law that was written loosely enough to allow this one-man-rule garbage.
Step 1 of the 3 step Amendment process has been achieved. Step 2 will be undertaken in the new G/A session that begins in January, 2021. We plebes aren’t worrying about Step 3 until we see the political landscape of the G.A. after the election.
BTW: One of our sons and his family are MI residents, so this is personal. That being said, our 44 year old MI kid and DIL have consumed the cool-aid. Our other son and his family live near us, and neither he nor our DIL in this branch of the family will even willingly get close enough to the cool-aid for a sniff.
Our local son is the Plant Mgr. for Harrisburg Freightliner, Inc., an operation that keeps the huge tractor-trailer trucks in good repair and road-worthy to do the deliveries that have kept grocery shelves stocked.
The local interstate interchange is where E/W I-76 (PA Turnpike) and N/S I-81 intersect each other. There is LOTS of big truck traffic to negotiate locally, but after the shortages of goods some months ago, we have no complaints about big trucks. The vast majority of the truckers are very polite drivers on the local arteries.
Our local DIL is a licensed nurse-anesthetist. Both she and Mr. Freightliner have contributed mightily to the war effort.
Today is PA Held Hostage: Day #209. Sick of it.
Praying for our POTUS and FLOTUS.
What now?
The cyborg Gov continues her tyranny until an actual authority threatens and is willing to carry out an arrest
One piece of slightly good news on a hard, strange day…
viking mom- some days that’s as good as it gets.
Yep! Trying to look for a silver lining, however faint it may be…I know that God has a plan but I also am old enough to know that His plans and my plans can often be VERY different! (And sometimes, TBH, I really don’t like or understand them and probably won’t as long as I draw breath here – hoping for clarity at a later date but maybe by then it won’t matter so much?)
My best to you Seneca, and to all of the other longtime Treepers trying to hang on through the homestretch and remain upbeat, as Sundance keeps imploring us to do…maybe we’re on the verge of a miracle?
I have no desire to slit her throat.
That said, I’d love to bend her over my knee and give her a good old fashioned _______.
(Fill in the blank as you please)
Waterboarding?
To bad keelhauling went out of style
Not really sure if this is a fantasy blog. Her Halloween makeup is sort of kinky.
One night with me and she’d be a Trump supporter. That is all I’m gonna say.
Made me laugh out loud..brilliant ..post of the night.
She has a reputation from her school days and it’s stretching Gretchen from the back door club.
I want my bell back! There is so much to LIKE on this thread!
Good decision by the State Supreme Court. I’m surprised that the residents of Michigan haven’t recalled their governor. The next legal step is to get the botch job by the secretary of state to be declared invalid, and force voting at the polls
Trust me, we’re trying. A 2012 statute makes it really, really difficult. No one has been successfully recalled, at a state level, since it was signed into law.
Maybe that’s the next effort – get that statute rescinded / removed / declared unconsitutional…
I think we will have a real mess with the Secretary of State here as well (voting). A Soros plant.
When is she going to be impeached?
Petition signatures start October 23. A friend of mine is on the Impeach Whitmer ececutie committee
The original recall petition was due to go live for signatures this summer. Then, without warning and within days of signature collection, the original petitioner suddenly and suspiciously withdraws the petition. I have never seen an explanation as to why but payoffs or threats i am sure were involved. So someone had to pick up the ball and then get the language approved again.
Comrade Half-Whits response to the Supreme Court was basically Damn the Constitution, Full Speed Ahead.
The order hardly affects me as I have not participated in thier lie. I brazenly enter stores maskless and dare anyone to stop me. The few customers who confronted me regretted it as I loudly shamed them. Nobody has come to thier aid. The few stores (3 though I avoided stores I knew nationally were mask nazis) were marked on my DO NOT SHOP list and are regularly ridiculed by me to anyone and everyone.
I think that it’s a different group of people running this petition. Hopefully, they can see it through. With the support of patriotic Michiganders.
Veritas.. Is that a committee of cuties? lol
I’m just not surprised. Everything she did was how she thought a Socialist would govern.
I think the power just went to her head.
She wanted to be the VP pick.
Tyrants don’t want to be anyone’s VP….tyrants want to rule the world and will slit the throat of anyone who stands in their way.
To paraphrase Feinstein, the “Stalin dogma” runs deep in Ms. G.
And then there is WA State, where an initiative got passed last time (2018 I think) that gave the governor carte blanch power to declare an emergency. No time limits, no criteria, just dictatorial power. I was rather incredulous when I read the fine print, and am guessing too many people did not understand what it said and/or didn’t even read it in it’s entirety.
C’mon 55, do you really expect those who rule over us to actually READ something they’re about to pass into “law”? s/ [but only a smidgen of s/]
But it was an initiated measure. The people voted for it. And therefore your premise still stands.
Now its up to the people of MI to do the right thing and fire her.
..”the court determined the governor did not have the authority under state law..”
so this is an constitutional authority concern…very straight forward… here’s the law… black and white… and here is the governor running ruffshod right over it…pretty simple case.. no weird outliers to consider right?
then how the ever loving EFFF does
4-3 decision happen?
Michigan…
do not look away…the corrupt judges are many. spread out all over this country.
I’ll post the names of the judges… three who tried to do it AGAIN.
unless someone else does it.before.me.
very slow mobile cell bamdwidth…no internet yet… thanks hurricane Laura.
God bless America
1-800-CALL-SHAM
https://www.clickondetroit.com/news/local/2020/06/26/blind-michigan-supreme-court-justice-is-turned-away-by-clerks-office-when-trying-to-get-absentee-ballot/
“Ding, Dong the Witch is Dead; The Wicked Witch is Dead “
I have heard there are boatloads of civil suits against her along with criminal suits from the Feds. Whitmer may wish she never became Governor.
Good for Michigan residents, but having to wait 5 months for relief from an obvious abuse of power by Herr Whitmer and only getting the ruling on a 4-3 vote shows how important elections are. Now sue that ugly look off her face!!!
All the judges agreed she did not have the power she was wielding. The three who objected believed there were other ways to break the logjam. I know they’re Dems, and two of the three are up for re-election in November. No votes for them in this household.
It seems like there is never a penalty to politicians for disregarding or violating either state or federal constitutions. When is the last time a politician actually went to jail for such? Had she declared that all Michigan citizens must be killed to prevent the spread of the virus, would she have any liability for depriving them of their right to life? Well then, about all of the other constitutional rights of people she has violated this year without authority and with impunity?
Even banana republics have their own ways of holding their tyrants responsible.
The beetch is drunk with power.
I agree it is squishy. They basically apologized for it. Barr should have filed these suits in each state.
santiago;
Well, not DEAD, cause nobody dropped a house on her,…..yet. Nor did they throw a bucket of water on her,..”I’m MELTING,…OH WHAT A WORLD!”
BUT they threw some cold water on her dictatorial plans.
Now it’s up to the legislature, and as we have seen with CONgress, you can have 500 tyrannical demogougues, as easily as one.
So, let’s see what happens,…
I pray this happens across the country.?
squishy but still an honest rendering. Someone let Chief Justice Roberts know what that looks like.
Moderators won’t let me post the music videos outside the general threads , so I’ll just post the words
WHOOMP there it IS
WHOOMP there it IS
The one that would apply now is the one the guy plays with the hilarious videos of Antifa and BLM blocking cars and getting knocked over….”Git out da way, beoutch, git out da way…”
Facing the same problem here in the Keystone State.
Federal court has ruled that the actions Dictator Wolf to relieve our “suffering” were illegal. But with “cases rising”, it will be interesting (possibly infuriating) to see what his Omnipotence tries next as our cases begin to mount again. Fortunately for some of us, the majority R’s in the state house don’t seem to be spineless as are many on the national stage.
I bet someone that works for had to go shopping for some buttsuave. I guarantee that ruling by the court gave her and extreme case of the red ass.
There are two seats on the Michigan state supreme court that will be decided on election day. The non-partisan part of the ballot matters. Our liberty and the separation of powers defined by the state constitution was protected by a narrow 4/3 decision. 3 justices ruled the governor has the right to proclaim herself dictator. I am thankful for today’s ruling. I am concerned that freedom hangs by a narrow thread.
So who are you and i voting for my friend?
Swartzle and Kelly. Marksman, who I believe authored today’s ruling is retiring. McCormack who sided with the governor against the state constitution is on the ballot and needs to be defeated.
why kelly?
Textbook Feminazi,
The more these democrats try to take care of us, the greater will be the republican winning at the polls this November.
4-3? What’s wrong with the “3”??????
Scary….
Dick Bernstein.
The 3 are democrat judges.
The Ds hang together, no matter what, including across different branches of govt. Would that our side would find such resolve.
Two immediate sets of regulations need to be addressed in light of the Opinion: yesterday the “Governor” extended by her own fiat the lockdown in certain areas of the state of MI like the Upper Peninsula and to certain activities statewide. Her action in this regard is obviously illicit and now invalidated. Second, she and her radical atty general have issued a spate of regulations governing the election process, all of which are now presumptively invalid.
Seneca: Fellow native NYer, here, living in the State of Enlightenment, aka, California. Get a load of the “virus hotspots” in the article headline that you linked. Virus hotspots. That’s some powerful script writing, right there.
From the article:
“…and the Cuomo’s executive orders related to social distancing, mask compliance, and capacity limitations…”
Then at the end of the article everything is declared “law” and “subject to enforcement”.
I don’t have time to research these health department “regulations”. However, most likely they are being twisted into decrees that are clearly not justified because the overall danger of perishing from the Wuhan virus has been greatly exaggerated.
Instead of concentrating on protecting the vulnerable population, which was identified at least six months ago, the danger from the virus has been blown completely out of proportion just for political means and control.
Deplorable_Infidel: My comment to Seneca the Elder landed in the wrong place, but, thanks for picking up on the conversation. I find it hard to believe that all these health edicts have any actual legal validity. State legislatures have abdicated authority.
“My comment to Seneca the Elder landed in the wrong place,”
That sometimes was happening to me when commenting from my phone. It seems during cutting/copying & pasting, WordPress would “disconnect” me from the comment. I would hit “post comment” and land at the bottom of the page.
Before posting, I had to sometimes scroll back to the comment and click “reply” to make sure it would post where it was suppose to.
I am a NYer, too – Buffalo area.
“State legislatures have abdicated authority.”
Yes, they sure have. I sent the following to a friend as a text several days ago:
https://nypost.com/2020/09/30/its-past-time-to-pull-the-plug-on-andrew-cuomos-dictatorial-pandemic-powers/
“…But the ultimate blame falls squarely on a state Legislature that has now abdicated its duties for the better part of six months…”
(According to the State Constitution, the Legislature doesn’t have the authority to ignore it’s duties and turn them over to the Executive)
Scratch a democrat find a hitler.
find a carbunkle.
alt warning a
https://www.fox2detroit.com/election
“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,” she said. “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.”
Comrade Whitmer vows to use other means to keep us oppressed as reported. Tonight, the restaurants and bars were full and normal. No masks, no distancing, nothing. People have had enough of this and know what the game is.
hey just fix the *^&%ing roads.
How did Witmer win? Doesn’t it make you wonder if it was fixed or by cheating? Same with Talib and Dengel.. how do these commies keep getting in?
“In a 4-3 ruling…”
In a 7-0 case, the MI Supreme Court shines a flashlight into the abyss…
her ringer judge is about to get her ass kicked too.
she so wants to be a mario newsome.
https://www.abc12.com/2020/10/02/appeals-court-will-take-michigan-absentee-ballot-dispute-next-week/
LANSING, Mich. (AP) – A controversy over absentee ballots is on a fast track at the Michigan Court of Appeals.
The court said a three-judge panel will meet Oct. 9 but will rely on legal briefs and not hear arguments.
The Republican-controlled Legislature is appealing an order that requires the counting of absentee ballots long after Election Day.
A judge says ballots can be counted if postmarked by Nov. 2 and delivered within 14 days after the Nov. 3 election. Judge Cynthia Stephens pointed to mail delays during the coronavirus pandemic.
The Legislature intervened in the case after Attorney General Dana Nessel and Secretary of State Jocelyn Benson, both Democrats, said they would not fight the decision.
recent precedent ..
https://www.michiganadvance.com/2020/07/31/supreme-court-absentee-ballots-must-be-received-by-election-day-to-count/
It’s worse than that. This is one of those lawfare “consent decrees” where the agreement is that any ballot with an unreadable postmark will be assumed to be posted by November 3rd. And the best part, if there is NO postmark then It is treated as an unreadable postmark and a November 3rd date is assumed.
Hold an election, see how many more ballots you need to win and hand carry them into a compliant precinct 3 or 4 days later.
David, that is the same in PA now too – the illegible postmarks will be treated as if the ballot was mailed on time.
Even in Texas, the legislators are suing the governor. Abbott, while not a Whitmer, still has overstepped his authority. He is either being severely mislead by his “experts” or finally showing his true liberal leanings – maybe both!
..he’s too close to Austin…leftism…and insanity….IS infectious….what better proof?
Stand your ground, Mr. Governor….stay true….move away if that’s what it takes….
don’t sell us out………….
……
So, can businesses now sue the state and her for lost revenue since April 30? She should not be able to hide behind prosecutorial immunity.
Great question. I’m thinking they should have every right to sue her personally for screwing with these people’s livelihoods and lives!!!
Michigan has two competing statutes giving the Governor authority in a public safety emergency. The Emergency Powers of the Governor’s Act (EPGA) enacted in 1945 gave the governor unlimited power in a public safety emergency to enact executive orders.
The Emergency Mgt. Act (EMA), enacted in 1976 was intended to rescind the EPGA only allowing the governor to enact executive orders in an emergency with legislative approval. However, due to some legislative error the 1945 act wasn’t rescinded.
The Much. legislature refused to extend Gov. Whitmer’s COVID EOs past 4/30/20. The governor then used the unlimited authority given in the 1945 EPGA to issue her executive orders on COVID after 4/30/20.
All 7 justices agreed Gov. Whitmer’s EOs after 4/30/20 lacked authority under the 1976 EMA. The disagreements among the judges revolved around the 1945 EPGA. A majority (4 justices) determined the EPGA was unconstitutional because it transferred unlimited legislative authority to the governor (executive branch) In violation of the Michigan Constitution. The other 3 justices disputed this part.
Bridget M. McCormack
Richard H. Bernstein
Megan K. Cavanagh
STATE OF MICHIGAN SUPREME COURT
judges that dissented… three.
as some here have stated.. these three did agree partially with the majority.opinion.
however… and this needs to be early stated…this was a 4-3 decision. for such an obvious unconstitutional order by the governor…this should have been ALL voting as such.
its hardly acceptable to accept a 4-3..
what this amounts to is willful rejection of duty… substituted justice dissent on a few minor legal arguments in order to draw a narrow rule outcome.
for those paying careful attention this is a widely accepted practice among judges such that it can be classified as a “narrow” ruling… leaving the door ajar for future openings to allow unconstitutional delegations of legislative power to a governor… and the power that comes with that… and the very real harm to citizens who are least likely to be favored by a particular governor or political idealogue.
these judges are circling the issue of public safety with very obvious interests…
this was predictable as this pandemic very much excited and ignited the corruptors.
whitmer isn’t bright enough to have realized how or why this issue was so important to the corruptors. she was directed to do it…and make an attempt hoping more than 3 corrupt supremely demented clowns would acknowledge new powers…
we just barely survived folks.
there will many other cases just like this.
its past time conservative attorneys get into.the fight and begin pushung back…its going to get very crazy soon. these corruptors only have to win once on this issue to do serious harm.
be guarded. do not look away.
stay frosty
more than enough signatures to kill the 1945 law have been delivered for verification. sadly, said verification could get dragged out.
Unfortunately, we here in PA got put back into Herr Wolf’s gathering restriction hell by the 3rd Circuit Court. They granted a stay of Judge Stickman’s ruling against Herr Wolf. It’ll likely be Christmas before the case gets decided on the merits by the 3rd Circuit.
Time saddle up the horse and ride to a free state.
https://triblive.com/news/pennsylvania/appeals-court-allows-pennsylvania-to-restrict-crowd-size/
P.S. Two of the three judges on the 3rd Circuit who voted to stay the ruling were G.W. Bush picks. His legacy lives on. ?
“The people of this state have been denied a voice and a seat at the table in decisions that have impacted every facet of their lives and their futures over the past eight months. They deserve to have their representatives bring their voice and their concerns into this decision-making process.”
4/3 ruling my ass. This opinion should be unanimous. The opinion is not only well thought out, it hits the target directly.
See also: Constitution of the United States of America.
Of course, the representatives can gum up the machinery any time they want to, as we have seen too many times, but that’s a topic for another thread.
Don’t Tread On Me
And I get it, that’s separation of powers in action…usually, but things have been unusual for the past, I don’t know, since Clinton (Bill) was elected.
SHE NEEDS TO BE IMPEACHED, REMOVED OR OTHERWISE PUNISHED FOR VIOLATING THE CIVIL RIGHTS OF THE PEOPLE!
Really quickly, everyone: The only split decision in the opinion was on the question of whether or not 1945-PA-302 was unconstitutional. On the question of whether or not Gov. Whitmer exceeded her authority, the actual ruling was unanimous (https://www.mackinac.org/governor-s-use-of-emergency-powers-declared-illegal-unconstitutional). However, you’d have to actually read the opinion to catch that detail, because the dictator-friendly corporate media isn’t going to mention that.
I know of no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them but to inform their discretion.
Thomas Jefferson
Michiganders are going to have a mask burning party on the capitol steps. Just like BLM and Antifa we will be peacefully protesting the end of tyrant Whitmire reign in 21 days.
Democrats HAVE to force their ideas on others, no sane person would ever voluntarily submit to being a crime victim
4-3? Yes, Virginia (aka John Roberts), there are Trump judges and Obama judges (and R’s and D’s). Vote wisely and never lose focus.
Chief Justice: Bridget M. McCormack – Democrat⬅︎
Chief Justice Pro Tem: David F. Viviano – Republican
Justices: Stephen J. Markman – Republican
Brian K. Zahra – Republican
Richard H. Bernstein – Democrat⬅︎
Elizabeth T. Clement – Republican
Megan K. Cavanagh – Democrat⬅︎