Gretchen Whitmer exceeded powers during coronavirus pandemic, Michigan Supreme Court rules
By: David Eggert and Ed White (The Washington Times)
LANSING, Mich. — A 1945 law repeatedly used by Gov. Gretcher Whitmer to respond to the coronavirus pandemic was declared unconstitutional Friday by the Michigan Supreme Court , a striking decision that puts months of restrictions in jeopardy while COVID-19 continues to flare up around the state.
The opinion is an extraordinary development in a monthslong conflict between Whitmer , a Democrat, and Republicans who control the Legislature and have complained that they’ve been shut out of major orders that have impacted education, the economy and health care.
Coincidentally, the court ’s action emerged on the same day that Whitmer ’s foes submitted more than 539,000 signatures in a bid to repeal the 1945 law.
The governor said the 4-3 decision, with Republican-nominated justices in the majority, was “deeply disappointing.” But Whitmer didn’t signal that she was giving up. She said her emergency declaration and related orders still can remain in place for 21 days, and then many of them will continue “under alternative sources” of law.
Whitmer didn’t elaborate, but it’s possible that her administration will act under public health statutes.
“Every state and the federal government have some form of declared emergency,” she said. “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.”
For nearly seven months, Whitmer has imposed - and sometimes 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 infected 126,000 residents and killed more than 6,700.
Masks are required in enclosed public spaces and in crowded outdoor places. Restaurant capacity is limited to 50%. People must work remotely if they can, and indoor residential gatherings are capped at no more than 10 people.
Republican officials said Whitmer should have continued to use a 1976 law, which gives lawmakers a say in any emergency declarations after 28 days.
“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.”
In a dissent, Chief Justice Bridget McCormack said she would have let the law stand, even if it gives a governor sole authority to “exercise the whole of the state’s police power in some emergencies.”
Lawmakers could repeal the law or amend it, and frustrated residents could sue if they don’t agree with specific orders, McCormack said.
“The majority needlessly inserts the court into what has become an emotionally charged political dispute,” McCormack wrote, joined by justices Richard Bernstein and Megan Cavanagh.
The case reached the Supreme Court in an uncommon way. A federal judge overseeing a lawsuit that makes state and federal claims about Whitmer ’s powers asked for an opinion on the constitutionality of the Michigan laws.
In a footnote to his opinion, Markman offered an optimistic message.
“Our decision leaves open many avenues for the governor and Legislature to work together to address this challenge and we hope that this will take place,” he said.
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Yup, she absolutely exceeded her authority, but we all knew that, didn't we?
It's a good thing that she did exceed her authority since she/MI was able to drive the positivity rate on COVID to 3% or below since June.
Yeah, who gives a fuck about Constitutions anyway....be they State or US?
Dems sure don't.
Nice try Greg, she protected the people of MI something that Trump was an epic failure in. Not only MI but the whole US.
BTW, 54,000 new COVID cases yesterday and another 900 plus deaths.
''You're doing a great job Brownie''.
that's hilarious coming from a trump supporter ...
Michigan is 40th in death per capita.
Talk about "Great Job, Brownie!"
As always one can depend on you to avoid all the facts, Sean....As stated she was able to bring the virus under control and the positivity rate is 3% or below since June.
As you probably know by now Trump is in the hospital and a number of the non mask wearing fools have tested positive.
''Great Job, Brownie''...
see comment 1.3
Whitless didn't protect Michigan from shit.
So enforcing guidelines didn't do anything to get the positivity rate down to 3%.
I would hope that the brain dead governor of my state would have shut it down before we lost over 14,000 citizens and are adding over a 100 more dead a day and have a positivity rate of 11%.
Not something simple to do at this point either. It is good that she thought of her people first and foremost. Much more than what many others have done. Far too many much too eager to kiss the backside of the person most responsible for the level of Hell America and its people are, and have been, going through, and the horrendous number of unnecessary deaths.
They have far more daily cases now than they did in June.
At some point reality has to set in with those who fetishize governors like Whitmer because they issue so many orders and seem so proactive. She is supposedly the example of doing everything right and the results in Michigan are worse than Georgia, where the Governor was accused of engaging in human sacrifice by those types who idolize Whitmer for reopening to soon and not mandating masks.
Dean, you should look up the positivity rate published by John Hopkins. Or better yet take a trip to Water Reed and check with Trump on how well his vision or lack of is working with the pandemic.
Illinois is another true blue state that “did Everything right” and claimed to let the “science” dictate it’s actions And it resulted in a deaths per capita that is well below average, just about equal to Michigan.
At some point, the trump is to blame for everything crowd is going to have to explain why their policies in blue states didn’t help. The reality of the numbers has to sink in at some point , right?
I think the final epitaph for Gretcher Witmer was written long ago by Benito Mussolini....“all in the State, nothing outside the State, nothing against the State.”
Hopefully she will fade away.
Without approving or disapproving of anything she specifically did, I'm going to be a little bit contrarian and say that this is not her fault. All around the country, at the state and federal level, we have seen legislatures abdicate their responsibilities to the executives. In the first weeks of this crisis, I think it's totally reasonable that governors or the president took executive action.
But after that time, legislatures should have been crafting long time rules to deal with the crisis. If nothing else, it would at least have the appearance of a representative government. But if they won't, I can't blame governors for doing whatever they think is right - even if some of their ideas don't make a lot of sense or needlessly harm people. That's what happens, though, when there is no advocacy for the myriad interests in a state.
We have been seeing this trend at the national level for a long time as Congress cedes power to the Executive and the Judiciary. It's why presidential elections have become so crazy. Now we are seeing it in some states.
A Democrat exceeding her power. Am I the ONLY one that isn't surprised?