none last bread either baker is hiding hi ID
Would explain the lack of notes past breads
The Constitutional Reckoning Of State Lockdown Orders
On October 3rd NPR reported that the Michigan Supreme Court struck down Governor Gretchen Whitmer’s state of emergency and the powers it granted. NPR writes
In a 4-3 majority opinion, the state’s high court said she did not have that authority. “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. 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,” wrote Justice Stephen J. Markman on behalf of the majority.
Governor Whitmer has been one of the more heavy-handed executive figures during the pandemic. One of her policies went as far as to ban the selling of gardening supplies in stores that were still permitted to stay open.
More importantly, however, this court ruling was not the first of its kind but the third in a series of legal victories against lockdown orders. The first was a Wisconsin Supreme Court ruling that declared parts of Governor Tony Evers’ stay at home order unconstitutional and the second was by a federal court that struck down Governor Tom Wolf’s policies in Pennsylvania.
There is no doubt that the governors across the country have gone off the constitutional deep end in response to Covid-19, exercising powers that are not only unprecedented but unproven. These cases, notably in Michigan and Wisconsin, all share some important legal themes that may suggest the beginning of a constitutional reckoning for governors across America.
The Story in Michigan
Back in March, Governor Whitmer declared a state of emergency in response to the pandemic, much like many others across the country. Unlike many other governors, hers was particularly strict and arbitrary. The Mackinac Center Legal Foundation, an organization that represented a number of healthcare firms in a suit against the state write,
“One of the affected medical practices, Grand Health Partners, operates in the Grand Rapids area. It performs endoscopies and other elective surgeries, many of which were deemed nonessential by executive order. Due to the shutdown, many of their patients were not able to receive treatment and have suffered because of it.”
This is one of the many unintended consequences that come with policies such as stay at home orders and deeming certain businesses “nonessential.” Interestingly, this had little to do with the Michigan Supreme Court’s ruling. Such claims would be justified under the equal protection clause guaranteed by the 14th Amendment. However, the court decided to take a different route.
The court ruled that the governor lacked the very authority to continue her state of emergency. The Michigan legislature authorized the governor to declare a state of emergency in March but only until April 30. Governor Whitmer decided to invoke the Emergency Powers of the Governor Act (EPGA) of 1945 as well as the Emergency Management Act of 1976 to grant herself virtually unlimited power. This unilateral and unauthorized exercise of power without legislative oversight was what the court deemed unconstitutional.
https://www.aier.org/article/the-constitutional-reckoning-of-state-lockdown-orders/
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