The Michigan state Supreme Court declared the 1945 law used by Democratic Gov. Gretchen Whitmer to maintain the lockdown since April unconstitutional, Breitbart reported.
The 1945 Governor’s Emergency Powers Act, which does not require approval by the Legislature, allowed the governor to extend the quarantine measures from April despite rejection by lawmakers and civic groups that even initiated a petition to “unlock” the state and which added up to half a million supporters, according to the Detroit Free Press.
The Supreme Court ruling declared the “governor lacks the authority to declare a ‘state of emergency’ or ‘state of disaster’ … on the base of the COVID-19 pandemic.” It further concluded, “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.”
Lee Chatfield, the speaker of the Michigan House celebrated the decision using his Twitter account.
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
Yvette Clark, coordinator of the civilian group Unlock Michigan, who initiated a petition to lift the governor’s restrictions complained about Whitmer’s authoritarianism and said that the people who signed the petition ” want her out of office. They are sick and tired of her draconian, communist agenda. And so that’s why they are working hard they want to keep our state moving in the direction that it was moving in and so they want her out of office,” according to Michigan Live.
The contrast between the Republican and Democrat approach to dealing with the pandemic has generated enormous political friction that now seems to be leading to lawsuits like the one in Michigan.
On Sept. 14, a federal judge in Pennsylvania ruled that some of the restrictions imposed by Gov. Wolf were unconstitutional after a group of businesspeople and small business owners sued him, setting a precedent by being the first civil case won against the governor during the pandemic in the United States.
Despite constant attacks from the mainstream media, President Trump has been pushing states to reopen their economies and schools, and lift restrictions to prevent the damage from lockdowns, including job losses and depression, from being any greater than the pandemic itself.