On Monday, the Michigan State Supreme Court ordered that its decision on October 2nd to remove Democrat Governor Gretchen Whitmer’s emergency orders be effective immediately.
The Detroit Free Press reports that, in a 6-1 decision, the court ruled that it did not have the authority to grant the governor’s request to allow her orders to stand until October 30th, saying that “[E]xecutive orders issued under that act are of no continuing legal effect. This order is effective upon entry.”
The Whitmer administration had argued that it needed more time to coordinate a contingency plan with the state legislature.
After the ruling, Republican House Speaker tweeted, “[A]nother big win at the Supreme Court today! The law is the law, and partisan politics can’t change that. The people will finally have their voices heard in this process. The House is in again tomorrow, and I hope the Governor is ready to cooperate. It’s time to work together!”
A second ruling, which was decided 4-3, said that, without support of the state legislature, Whitmer did not have the authority to extend her emergency powers past April 30th, which was the expiration date of her first emergency declaration, according to the Daily Wire.
The court said:
“We conclude that the Governor lacked the authority to declare a ‘state of emergency’ or a ‘state of disaster’ under the EMA after April 30, 2020, on the basis of the COVID-19 pandemic. Furthermore, we conclude that the EPGA 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.”
We have reported extensively on Whitmer and her clear power grabs and violations of civil liberties during the coronavirus era. Hopefully these rulings will finally put an end to them.
