Fresh from her “ordeal” of almost being kidnapped by a couple of white supremacists leftist, BLM-supporting militia nuts, overnight there was more bad news for Michigan Gov. Gretchen Whitmer when on Monday a conservative majority in the Michigan Supreme Court denied her request to extend the emergency powers which she invoked to curb the spread of the coronavirus, declaring it unconstitutional.
The justices reversed a lower court’s opinion that supported the governor’s use of executive powers amid the pandemic when they voted 6-1 against halting the precedential effect of its Oct. 2 opinion until Oct. 30. They reaffirmed their initial 4-3 ruling that declared unconstitutional her use of the 1945 emergency powers law.
Michigan Supreme Court justices are elected on the nonpartisan portion of the Michigan ballot, but they are nominated at state political party conventions. The four Republican-nominated justices — Stephen Markman, Brian Zahra, David Viviano and Elizabeth Clement — all ruled that the Emergency Powers of Governor Act that the governor relied on in issuing her orders is unconstitutional. The three Democratic-nominated justices — McCormack, Bernstein, and Cavanagh — all said that both the law and Whitmer’s orders under the 1945 law should be ruled valid.
In striking down her attempt to continue usurping power, the court wrote that executive orders issued under the law “are of no continuing legal effect. This order is effective upon entry.”
But new emergency orders that the Whitmer administration has issued through the state health department director — which replicate mask requirements, restrictions on gathering sizes and restaurant capacity, among other features — are not affected by the court’s ruling. – READ MORE
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