<p>The Michigan Supreme Court ruled on Friday that Democratic Gov. Gretchen Whitmer’s state of emergency declaration over the pandemic is unconstitutional.</p>
<p>The court ruled that <a href="https://www.dailywire.com/news/gov-gretchen-whitmer-im-not-going-to-be-bullied-into-reopening">Whitmer</a> lacked authority under each of the two laws that govern states of emergency in Michigan to extend the state of emergency passed April 30, when her first state of emergency declaration expired, according to <a href="https://www.mlive.com/public-interest/2020/10/gov-has-no-authority-to-continue-state-of-emergency-michigan-supreme-court-rules.html">Mlive.com</a>. Those two laws are the 1976 Emergency Management Act (EMA) and the 1945 Emergency Powers of the Governor Act (EPGA).</p>
<p>“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,” the court ruled in a 5-4 decision. “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.”</p>
<p>Whitmer called the ruling “deeply disappointing” and said that it’s putting Michigan at risk for a resurgence of the coronavirus after “I have done everything in my power to protect our seniors, small businesses, and first responders from the worst public health emergency in over a century.”</p>
<p>“Today’s Supreme Court ruling, handed down by a narrow majority of Republican justices, is deeply disappointing, and I vehemently disagree with the court’s interpretation of the Michigan Constitution,” Whitmer said in a statement. “Right now, every state and the federal government have some form of declared emergency. 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.”</p>
<p>She added that her lockdown orders remain in place for 21 more days after the ruling. After that, a number of unspecified actions will still remain in effect under different authority, she said.</p>
<p>“It is important to note that this ruling does not take effect for at least 21 days, and until then, my emergency declaration and orders retain the force of law. Furthermore, after 21 days, many of the responsive measures I have put in place to control the spread of the virus will continue under alternative sources of authority that were not at issue in today’s ruling,” the statement said.</p>
<p>The underlying lawsuit was brought in May by a group of Michigan medical providers and one patient seeking a knee surgery.</p>
<p>As <a href="https://dw-site-staging.dailywire.com/news/the-curve-has-been-flattened-michigan-doctors-sue-gov-whitmer-over-shutdown-order">The Daily Wire</a> reported at the time:</p>
<blockquote><p>The owners of Grand Health Partners, Wellston Medical Center, and Primary Health Services, and Jeffery Gulick filed the <a href="https://www.mackinac.org/archives/2020/Grand_Health_vs_Whitmer_Complaint_and_Exhibits.pdf">lawsuit</a> against Whitmer, State Attorney General Dana Nessel, and state health director Robert Gordon on Tuesday. The plaintiffs are pushing the governor to lift her ban on “non-essential” treatments, warning that the ban is endangering the lives of many patients.</p>
<p>“This shutdown is risking lives and imperiling health,” Grand Health Partners president and surgeon Dr. Randal Baker told <a href="https://upnorthlive.com/news/local/doctors-and-patient-team-up-in-lawsuit-against-governor-whitmer">Up North Live</a>. “The curve has been flattened. There will likely be spikes of cases in the future, but we can’t shut down non-COVID health care every time. We need to reassess the best practices to save the most lives, particularly where COVID-19 cases are low.”</p></blockquote>
<p>Republicans in the <a href="https://www.dailywire.com/news/michigan-house-rejects-lockdown-extension-votes-to-sue-gov-whitmer-instead">Michigan legislature</a> have filed their own separate lawsuit challenging Whitmer’s authority to call consecutive states of emergency over the pandemic.</p>

<script async src="https://www.instagram.com/embed.js"></script>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
<script async src="https://www.tiktok.com/embed.js"></script><div data-widget-host="revcontent" data-pub-id="165152" data-widget-id="290588"></div><script src="https://delivery.revcontent.com/165152/290588/widget.js"></script>

Michigan Supreme Court Rules Whitmer’s Shutdown Order ‘In Violation’ Of State Constitution

CONTINUE READING

Trump Says Netflix Should Fire ‘Racist, Trump Deranged’ Susan Rice

Trump Orders Release Of ‘Any And All’ Info On Aliens And UFOs

Man Targets DHS Building With Stolen Ambulance In Attempted Arson Attack

Bill Gates Drops Out Of Keynote Speech Last Minute As Epstein Rumors Swirl

Trump Left The World Health Org Last Year. Now, He’s Replacing It.

One Of The CDC’s Biggest Critics Is Now In Charge Of The Whole Thing

News and Commentary

COVID

Gretchen Whitmer

A video goes viral showing a baby being refused his mother by two gay "dads". This is just the tip of the iceberg, which is why we will have an important discussion today about surrogacy. 

Hour 1

The Matt Walsh Show

Ep. 1765 - This Video Is One Of The Worst Things I've Seen In A Long Time 

The Strait of Hormuz officially opens for business (kind of), the Pope makes “shocking” comments on immigration, and President Trump promises UFO disclosure at TPUSA. 


The Michael Knowles Show

Ep. 1956 -  Pope Leo's "SHOCKING" Immigration Comments EXPLAINED

A false miscreed has corrupted our leadership class.


The Andrew Klavan Show

Ep. 1275 - Dumb, Dumber and Progressive

President Trump announces a 10-day ceasefire between Lebanon and Israel, a murder-suicide involving former Democratic Lieutenant Governor Justin Fairfax shakes Virginia, and France and Britain hold a conference to secure the Strait of Hormuz – after the Iranian conflict ends. Get the facts first with Morning Wire.

- - -

Ep. 2738

- - -

Wake up with new Morning Wire merch: https://bit.ly/4lIubt3

- - -

Today's Sponsors:

Alliance Defending Freedom - Visit https://JoinADF.com/WIRE or text 'WIRE' to 83848 to learn more.

Pocket Hose - Text MORNING to 64000 to get a FREE pocket pivot and their 10-pattern sprayer with the purchase of ANY size Copper Head hose. Message and data rates may apply.

Morning Wire

U.S. Expands Hormuz Blockade & VA Fairfax Deaths Investigated | 4.17.26

U.S. Expands Hormuz Blockade & VA Fairfax Deaths Investigated | 4.17.26 [Member Exclusive]

A ceasefire goes into effect between Israel and Lebanon, a tragic murder-suicide rocks Virginia, and Dairy Queen deploys AI in the drive-thru. Get the facts first with Evening Wire.
- - -
Ep. 2737
- - -
Wake up with new Morning Wire merch: https://bit.ly/4lIubt3 
- - -
Today’s Sponsor:

Alliance Defending Freedom - Visit https://JoinADF.com/WIRE or text “WIRE” to 83848 to learn more.


Menu

— News and Commentary —

Michigan Supreme Court Rules Whitmer’s Shutdown Order ‘In Violation’ Of State Constitution