Unlock Michigan; One Down One To Go Starts Another Petition To Limit Public Health Orders
As the dust is about to settle on their first petition drive the group Unlock Michigan is going to start their second one. I just interviewed the Unlock Michigan spokesman Fred Wszolek about their recent victory in the Michigan Supreme Court yesterday then hours later they announce a second petition drive.
I spoke to Fred this morning asking him why he did not announce it during our interview and he informed me that they received a funding commitment later in the day which will help them with this effort.
Now his group will submit language to the Bureau of Elections for approval as soon as today to restrain the emergency powers of Michigan’s Department of Health and Human Services (MDHHS). They would like to see the public health code limited to epidemic orders of up to 28 days. After those 28 days, exactly like the Michigan Emergency Management Act of 1976, the public health officials would need the approval of an extension of their orders from the Legislature or local governing bodies.
Once the Michigan Supreme Court ruled 4-3 to overturn the 1945 emergency powers law late last year Governor Whitmer turned to MDHHS to issue her executive orders as emergency orders under MDHHS existing power. The Michigan Supreme Court did not rule about any existing parts of the public health code at the time of their ruling on the 1945 law.
In the first 28 days of addressing the Covid-19 issue, Whitmer began issuing executive orders under both the 1945 Emergency Powers of the Governor Act and the 1976 Emergency Management Act. After the first 28 days, she pointed to her authority under the 1945 law because the 1976 Emergency Management act required her to get approval from the Legislature to extend her emergency powers after the initial 28 days.
The Detroit News reported Mr. Wszolek saying:
"We’re assuming that there’s a majority in the Legislature as frustrated as we are that the governor is finding every way possible not to govern as she should”
When will they start collecting signatures, according to Mr. Wszolek:
We want to do it before the end of the year, at least for our part…We have no control over the Bureau of Elections nor the rogue board of state canvassers.”
Let us hope this one is successful also because the people of Michigan should have a say in the direction of the state confronting an emergency after the first 28 days that are needed by the Governor to immediately address the issue at hand. The only way we are represented in the governing of our state is through our elected Representatives and Senators.
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