Michigan House and Senate Sue Governor Whitmer
It was preordained to happen and it has. It took Governor Whitmer four days to veto a bill passed in the Michigan House and Senate to not extend her emergency declaration for the entire state of Michigan. Why it took four days I can only speculate she was attempting to delay the inevitable as long as possible.
The Michigan House and Senate have sued Governor Whitmer in Michigan's Court of Claims where all civil actions filed against the State of Michigan and its agencies start.
The House and Senate pointed to The Emergency Management Act of 1976 which requires legislative approval to extend an emergency after 28 days. The Governor believes that The Emergency Powers of Governor Act of 1945 trumps the 1976 law and sets no time limit for a state of emergency and does not require the Legislature to vote its approval.
What the Governor is essentially saying by citing the 1945 law is any Michigan Governor including herself can declare an Emergency in Michigan and effectively neuter the power of the Michigan House and Senate. Whitmer did exactly that last Thursday when she claimed the older 1945 law exists and the 1976 law does not by virtue of her ignoring it. She is now effectively the only elected person running the state today and will be through the end of May and longer if she so wishes to be.
The Detroit News is reporting that the Michigan Legislature is challenging her "improper and invalid" emergency powers and are seeking a "speedy hearing."
House Speaker Lee Chatfield, R-Levering stated that since Whitmer decided against “common sense changes” to some of her restrictions and she decided to “go it alone”:
Because of that we filed a lawsuit today in the Court of Claims, challenging the governor's unconstitutional actions...Today was very avoidable, but it is necessary. It's a sad day for our state because we truly should all be working together.
Governor Whitmer was upset that they are challenging her power and stated through her spokeswoman:
just another partisan game that won't distract the governor...Her No. 1 priority is saving lives. She’s making decisions based on science and data, not political or legal pressure
If that is true and she is only concerned about saving people's lives then why did she cancel all “non-essential” surgical procedures including some that would save people's lives. I had a listener of mine call and inform us that Whitmer through her restrictions had his wife’s “elective” surgery canceled 3 times. An “elective” surgery which was supposed to biopsy a growth on her ovary to determine if it was cancerous or benign.
If that is true and she is only concerned about saving people's lives then why shut down our economy when an American macroeconomist who is currently the Robert M. Beren Professor of Economics at Harvard University named Nicholas Mankiw studied the effects of each one-point increase in the unemployment rate and according to the study many more lives will be lost. He concluded that each one-point increase in the unemployment rate is associated with:
- 920 more suicides
- 650 more homicides
- 4,000 more people admitted to state mental institutions
- 3,300 more people sent to state prisons
- 37,000 more deaths
- Increases in domestic violence and homelessness
Are all of the above lives not as important as the ones she believes she is saving?
According to the lawsuit Whitmer’s:
recent actions seize lawmaking power from the Legislature in service of a new executive-domineered legal regime...In doing so, Defendant takes control of matters at the core of the Legislature’s constitutional mandate. And she does so under no discernible standards or time limits, save vague insistences that an ‘emergency’ requires them.
You will never guess which judge was given this case. Judge Stephens, an appointee of Democratic former Gov. Jennifer Granholm.
Remember this is the same Michigan Court of Claims in which Judge Christopher Murray said constitutional rights are “subject to reasonable regulation by the state.”
Whitmer originally declared an emergency for 28 days as the 1976 law states she can when that was over the Michigan legislature gave her an additional 23 days totaling 51 days of total control over the state. When the Michigan legislature decided to end that total control and take back their power Whitmer said NO and extended her reign for an additional 28 days.
Michigan Senate Democrats bashed the lawsuit and said it has "no support from the Senate Democratic Caucus”. The Michigan Democratic Senators believe the Governor, any Governor by virtue of the 1945 law could effectively declare an emergency on day one of their administration and reign over the state for their entire 4 years. Do you think if our Governor was Donald Trump they would feel the same way?
As one of my listeners wrote to me the other day:
Renk, what would the liberals do if a governor announced that babies are dying, and it's a health emergency requiring me to ban all abortions in Michigan; and under the 1945 law this order is in effect for 4 years.
The Michigan Senate Democratic Caucus would have to agree with this listener's thoughts or be concerned that they would be called intellectual hypocrites. They would never want to be called that, would they?