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.
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.
<./p>
Whitmer - Covid Michigan - ... by The Conservative Treehouse
Replies