The Michigan Supreme Court unanimously struck down Gov. Gretchen Whitmer’s COVID-19 executive lockdown orders, striking a blow for the rule of law over the whims of power-hungry Democratic governors.
“The Governor does not possess the authority to exercise emergency powers under the Emergency Powers of the Governor Act of 1945 (the EPGA), MCL 10.31 et seq., because that act is an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution,” the court said in its 7-0 opinion Oct. 2.
“Accordingly, the executive orders issued by the Governor in response to the COVID-19 pandemic now lack any basis under Michigan law,” it said.
Attorney Katherine Henry, who spent the last six months arguing against Whitmer’s orders, responded to the ruling by inviting the state’s residents to “burn your masks” and get back to business, WJBK-TV reported.
“That means burn your masks right now if you didn’t already. Open your gym and movie theater and open whatever business you have,” Henry said. “Go on and frequent whatever business you would like to go to.
“If you have a church that’s limited your services because of how you’re reading the EOs, forget that. All of those executive orders, based on COVID-19 circumstances, from 2020, they’re out, they’re gone, they’re done.”
She further noted that Whitmer, thankfully, will not be able to appeal the decision to the U.S. Supreme Court.
“Our United States Supreme Court doesn’t have jurisdiction to hear those kinds of cases. They can only answer issues about if our state law or our state Constitution violated the federal law or federal constitution,” the attorney said.
“So the highest court in the land that can answer these questions, has spoken. The decision has been rendered,” Henry continued. “So she can try and whine and complain all she wants, she’s not going to get anywhere.”
WJBK reported that one implication of the ruling is the Republican-controlled Michigan House and Senate will now have their say in which coronavirus restrictions are in effect in the Wolverine State.
Whitmer vetoed multiple bills passed by the Legislature over the summer, including one in July that directed COVID-19 patients away from nursing homes, according to The Detroit News.
The governor, not surprisingly, disagreed with the court and tried to discredit it, saying that only the Republican justices ruled against her authority under the Emergency Management Act in a second 4-3 opinion.
Whitmer has vowed to look for a way to keep the lockdowns in place.
“Right now, 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.”
Whitmer joined California’s Gavin Newsom of California and New York’s Andrew Cuomo as the poster children of power-hungry Democratic governors run amuck during the COVID-19 pandemic.
Thankfully, the Michigan Supreme Court has reminded her that in the United States the law is king, and the king is not the law.
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