Governor Whitmer’s Actions Were Unconstitutional So Were Her Ordinances; Now They Are Being Thrown Out
Back on October 2, 2020, the Michigan Supreme Court ruled that Whitmer didn’t have the authority under the state’s emergency statute she was using to continue extending the coronavirus state of emergency passed 28 days without the support of the Legislature.
The Michigan Supreme Court declared that Whitmer did not have any authority under the 1976 Emergency Management Act. They also ruled that the 1945 Emergency Powers of the Governor Act that she specifically used to support her take over of the state via her emergency orders was completely unconstitutional.
Justice Stephen J. Markman wrote in the majority opinion:
“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.”
Due to those rulings, Mlive is reporting that Kym Worthy Wayne County Prosecutor announced that her office is dismissing more than 1,600 ordinance violations and misdemeanor citations tied to her illegal executive actions.
Kim Worthy’s office stated in a press statement:
“As a result of the Michigan Supreme Court ruling (the Wayne County Prosecutor’s Office) conducted a review of the cases and it was determined that there is not a legal basis to proceed with them...(The Wayne County Prosecutor’s Office) will be dismissing all adjudicated cases and all pending cases...It is important to note that the dismissal of these cases is not a reflection upon the conduct of any law enforcement agency, since the applicable law was followed at the time of the alleged offenses.”
Maria Miller, Wayne County Prosecutor’s Office spokesperson added that “any refunds related to fines or fees will be determined and ordered by the respective courts”.
As we all know Whitmer did not let a stupid little court of law, even the Michigan Supreme Court, get in her way of continuing her tyrannical control over our state. She simply went to the Michigan Department of Health and Human Services Director Robert Gordon’s office, ordered her “henchwomen” to remove him from his chair and she issued her executive orders under the powers of his position via the emergency state public health laws.
Whitmer's reading of Michigan's public health law gives her the belief that if the health director determines:
“control of an epidemic is necessary to protect the public health, the director by emergency order may prohibit the gathering of people for any purpose and may establish procedures to be followed during the epidemic to insure continuation of essential public health services and enforcement of health laws.”
The real question is how many more people in the Michigan government have the ability to rule over us like dictators?
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