https://www.wnem.com/news/michigan-supreme-court-strikes-down-governor-s-virus-orders/article_7c1ba776-04f4-11eb-82bc-d737e24b02e5.html

The Michigan Supreme Court on Friday struck down months of orders by Gov. Gretchen Whitmer that were aimed at preventing the spread of the coronavirus, saying she drew authority from a 1945 law that is unconstitutional.
The decision is an extraordinary development in a monthslong conflict between Whitmer, a Democrat, and the Republicans who control the Legislature and have complained that they've been shut out of major orders that have restricted education, the economy and health care.

Coincidentally, the court's opinion emerged on the same day that Whitmer's critics submitted more than 539,000 signatures in a bid to repeal the 1945 law.

For six months, the governor has imposed  and subsequently eased  restrictions on Michigan's economy, K-12 school system, health care and even visits to state parks, all in an attempt to reduce the risk of the highly contagious virus, which has killed more than 6,500 residents.

Republicans said Whitmer should have used a 1976 law, which gives lawmakers a say in any emergency declarations after 28 days.

In a 4-3 decision, the Supreme Court said the 1945 public safety law used 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."

Justices nominated by the Republican Party joined the majority opinion.

Whitmer issued the following statement:

"Since the beginning of this crisis, I have done everything in my power to protect our seniors, small businesses, and first responders from the worst public health emergency in over a century. Thanks to the hard work of millions of Michiganders who sacrificed and did the right thing, we have saved thousands of lives and laid the foundation for a strong economic recovery. But COVID-19 still poses a clear and present danger to the people of Michigan, our economy, and our way of life.

This virus has now killed more Michiganders than World War I. It is a novel virus for which there is no cure, and which has infected the President of the United States, members of the United States Congress, and Legislators across our state. This virus continues to take the lives of Americans every single day, and without a cure or approved vaccine, that will continue for the foreseeable future.

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.

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 know this is hard. We all want this crisis to be over, and we all want life to return to normal as soon as possible. But the only way we will get through this is by pulling together as Americans and working as one nation to defeat this virus. That means wearing a mask, washing your hands frequently, and maintaining six feet of physical distancing. Michiganders have grit, and there is no challenge we can't meet.

I want the people of Michigan to know that no matter what happens, I will never stop fighting to keep you and your families safe from this deadly virus."

Senator Ken Horn, who represents Saginaw County and western Genesee County issued the following statement:

"This afternoon, the Michigan Supreme Court just ruled against Governor Whitmer's use of the 1945 emergency powers act.

Things are moving very quickly and the Legislature's legal teams are sorting through the order, as It is remanded back to the lower court with instructions.

What this means immediately for each of the executive orders is unclear, as of tonight."

Progress Michigan also issued the following statement:

"Lives have been saved because of the emergency orders Gov. Whitmer has instituted throughout this pandemic. This ruling from Republican activist judges will put lives at risk and is just another nod to the corporate donors who helped bankroll their campaigns to the bench. This is why it's so important that we elect justices to the Michigan Supreme Court who will protect Michigan families, rather than greedy special interests who are more concerned about making a buck than keeping people alive and healthy."

The Senate stands ready to work overtime as we begin the process of managing the COVID-19 crisis together with the administration."

This is a breaking news story and will be updated when more information is available.

Speaker of the Michigan House of Representatives Lee Chatfield tweeted the following statement:

"This is a giant win for the people of Michigan and for the democratic process. 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.

The Legislature was there in March and April to work with the governor to improve her executive orders and help keep Michigan healthy and moving forward together. It worked well, just like the authors of our Constitution intended. Months later, we are still ready to work alongside Gov. Whitmer in a bipartisan way to improve the state's response to this pandemic.

It's been said the governor is in the best position to act quickly, and the Legislature is in the best position to act deliberately. That is how our entire system is designed to work. We look forward to the coming bipartisan deliberations on the pandemic response and the improved outcomes for Michigan families."

Senate Minority Leader Jim Ananich issued the following statement:

"This is unfortunate. 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."

T minus 21 days. I hope restaurant owners, bars, and every business or employee held down by this remember come November. Who shut you down and who let you free.

Her repeated over reaching and hypocrisy throughout the past 6 months MIGHT be over in 21 days. She had a history of vindictive defiance and utter contempt for the citizens of Michigan.

Good news

My favorite line from that article;

"Coincidentally, the court's opinion emerged on the same day that Whitmer's critics submitted more than 539,000 signatures in a bid to repeal the 1945 law."

Yeah, right  

She’s the only one that says, she has 21 days.  The court said her orders do not carry weight if the law.  They’re dead today, right now, it’s over.

Big Gretchy is mad.  Mom doesn't like it when you listen to Dad and not her.

Yeah, anyone have guidance on Whitmer's rationale for saying "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"?  I read all 107 pages of the Court's majority and dissenting opinions; nowhere did it reference this 21 day "grace period". Is this a general rule applied whenever an order is struck down?  We need some input from Arfcom law-lovers.

“The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed ... An unconstitutional law is void. (16 Am. Jur. 2d, Sec. 178)”

She certainly doesn't want to let go of her power, never put a Karen in to office!

Attached File

Do we have a list of what orders are void now?

Yeah, right.........she was so concerned about masks and social distancing............

From my House Rep.

Attached File

WHAT? exactly whose "authority?" State Supreme Court + Michigan Constitution not in her way???

Whitmer's Nanny-State "Edicts" Struck Down

My understanding that by not working with the legislature back in April she left Michigan open to the chaos that this ruling brings.   People are now free to do whatever they want and it will lead to increased COVID cases in the short term.    This 21 days assertion is unbelievable.   Is she so power hungry that she won't let go?   Or is desperate?   Or just plain stupid?   Either way she needs to be recalled or voted out of office in the next election before she does more damage to Michigan.    Can you imagine if she was selected to run for vice president?

“And no, the governor does not get to continue to violate the state constitution and the rights of 10 million residents for another 21 days,” said Tom McMillin, a former state representative and current member of the state’s education board. “Our Supreme Court said that her edicts were illegal after April. And that is from our state’s highest court — there is nowhere to appeal yesterday’s decision.”

Start pointing out to businesses that still have signs up, the law was struck down and is no longer in effect from 1945 forward.

We need to make sure our reps don't give in to her and approve more days.  It's over and done.  Time to let our lives return to normal.

This is the best info I have found so far on where Whitler got the 21 days from, there is of course no legal standing from them, just as there has been none and now is none as stated by the Michigan Supreme Court for any of her orders past April 30.

She is a wanna be dictator and has to go.  Tell every business with a mask sign they have no obligation to have one up.

https://www.detroitnews.com/story/news/politics/2020/10/02/gov-whitmer-slams-supreme-court-ruling-warns-orders-could-continue/3597614001/

"Whitmer has argued her powers will remain in place for at least 21 days, an apparent reference to a 21-day period in which the governor can request a rehearing from the Michigan Supreme Court.

The Mackinac Center for Public Policy, which brought the suit in federal court that led to Friday's ruling, has argued the ruling effectively ends Whitmer's executive orders immediately. Or, at the very least, as soon as the federal judge uses the ruling to decide the center's case.

"It’s a matter of when we can get a court to implement it," said Patrick Wright, vice president for legal affairs at the Mackinac Center.

"Anybody that is in the courts right now will point to this ruling and should win," Wright said, referencing other pending lawsuits against Whitmer."

She is a vile, vindictive, tyrant wannabe.

Even when a supreme court decision says what you did has no legal standing she says "what I say still is the law!!!".

Down in my county people are just not obeying her unlawful edicts.

That is what the rest of the state should do.

I would hope the State Police will issue directives to their officers that these laws are now illegal.

Attached File

Now it looks like the MDHHS (state health dept) director has issued an order requiring masks, limited gatherings, etc. Stretchin' Gretchen up to her sly bitch-ass ways again.

https://www.clickondetroit.com/news/local/2020/10/05/mdhhs-issues-new-order-requiring-masks-restricting-gatherings-limiting-some-businesses-in-michigan/

Just saw this in my email

Youtube video explaining the supreme court decision and the need to make sure Unlock Michigan repeal efforts get the 1945 law off the books.

BTW:  These "agency" enforcement rules cannot be applied to non employees of the business.  Customers are free unless Twitmer goes through the legislature and they come to some agreed upon law.

She is a vindictive, vile tyrant and should be impeached.

Do you have a link supporting the fact that these agencies cannot enforce their rules against individuals? Not that I disagree I just need firm proof of it.

The attorney in the video stated it but I don't know if he quoted the exact law.

@RDak

https://bigleaguepolitics.com/michigan-gov-gretchen-whitmer-reenacts-unlawful-lockdown-policies-through-dhhs-after-supreme-court-ruling/





More at link.

Unlock Michigan has already sent me many emails covering her continued tyrannical ways.  Thanks though for posting this for others to see.

She'll lose this one also because the law explicitly states that for any specific declared emergency she gets one 30 day unilateral declaration and after that she has to go negotiate with the legislature.  Using a 1918 order to justify extending her unilateral actions for a 2020 Covid19 emergency is ludicrous on its face.  But she is a dumbass and is trying anything she can do to continue as Michigan's tyrant.

She should be impeached.......she is a piece of shit.

Bottom line, right here!

This ruling means nothing. The powers to lockdown the state have now been transferred to the health department in which no legal body can stop.

So, leave this shithole state.  

Seriously, GTFO.

How is that one going?

wench was on TV Sunday saying MI may need to take a step backward due to the CoeffingVid uptick

Katherine Henry already laid out the MCL path, the health dept does not have authority to do so.

@RDak

This is not going to end well, Gretchen.

https://thefederalist.com/2020/11/01/michigan-governor-up-to-six-months-in-prison-if-businesses-dont-surveil-customers-for-contact-tracing/

Wait.........WTF!!??

Please tell me this is an inaccurate article.  (I have not heard about this one.)

If this is accurate, she has lost what little is left of her pea sized mind.  ABSOLUTELY CRAZY and HORRENDOUSLY VILE.