The Michigan Supreme Court struck down a 1945 law that Democrat Governor Gretchen Whitmer had been using to keep the state in perpetual lockdown since April.
According to Friday’s ruling, Whitmer’s coronavirus state of emergency “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.”
WHOA.
Michigan Supreme Court rules against @GovWhitmer's use of 1945 emergency powers law in #COVID19 pandemic, says 145 law "is in violation of the Constitution of our state because it purports to delegate to the executive branch the legislative powers of state government…" pic.twitter.com/sIP7Pd6X6r
— Chad Livengood (@ChadLivengood) October 2, 2020
Whitmer said in a statement that the ruling was “deeply disappointing,” adding that she will keep her unconstitutional measures in place for the next 21 days when her “emergency declaration” expires.
Statement from Governor Whitmer on Michigan Supreme Court Ruling on Emergency Powers: pic.twitter.com/kQKiAjD6gp
— Governor Gretchen Whitmer (@GovWhitmer) October 2, 2020
Michigan House Speaker Lee Chatfield hailed the decision, calling it a “big win” for democracy.
“The Supreme Court ruled today in agreement with the legislature that the 1945 law is unconstitutional,” Chatfield tweeted.
The Supreme Court ruled today in agreement with the legislature that the 1945 law is unconstitutional. The governor had no right to extend the state of emergency over the Legislature’s objection. Our Constitution matters, and this was a big win for our democratic process. (1/2)
— Lee Chatfield (@LeeChatfield) October 2, 2020
“The governor had no right to extend the state of emergency over the Legislature’s objection. Our Constitution matters, and this was a big win for our democratic process.”
This ruling comes just weeks after a Pennsylvania federal judge ruled that Democrat Gov. Tom Wolf’s COVID lockdowns were unconstitutional.
“The liberties protected by the Constitution are not fair-weather freedoms — in place when times are good but able to be cast aside in times of trouble,” U.S. District Judge William Stickman wrote.
Likewise, earlier this summer the Texas Supreme Court ruled that Texas officials have no right to implement COVID measures that violate the Constitution.
“Constitution is not suspended when the government declares a state of disaster,” the court stated.
“As more becomes known about the threat and about the less restrictive, more targeted ways to respond to it,” the opinion stated, adding, “burdens on constitutional liberties may not survive judicial scrutiny.”
As time goes on, it’s becoming more apparent that many coronavirus lockdown measures were not only unnecessary, but unconstitutional, and there will surely be more such rulings from more states in the near-future.
Read the Michigan Supreme Court ruling below:
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Democratic Michigan Governor Gretchen Whitmer has come under fire for using the State’s emergency alert system to order residents to wear face masks.
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