On Friday in the midst of the news about the president having COVID-19, another big story came out. 

The Michigan Supreme Court declared democratic Michigan Governor Gretchen Whitmer’s emergency order for the COVID-19 pandemic null and void. 

That means every executive order she’s come out with since the end of April is worthless and unenforceable because those orders stem from an unconstitutional emergency order.

She has been citing an EPGA (Emergency Powers of the Governor Act) law from 1945 to continue her unilateral tyrannical rule over Michiganders but that law was ruled unconstitutional by the Michigan Supreme Court on Friday in a 4-3 decision. 

So in order to continue with her executive orders, she needs to go through the Michigan House and Senate and get their approval according to the 1976 EMA (Emergency Management Act).

In the Michigan Supreme Court’s conclusion in their 107 page decision, they said, “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. As a consequence, the EPGA cannot continue to provide a basis for the Governor to exercise emergency powers.”

The governor, as you would expect, was not happy with the decision and made some interesting comments about it.

In a statement she put out, she whined that she has done everything in her power to protect our seniors (that’s a joke, since she sent COVID-19 patients to nursing homes), small businesses and first responders from the worst public health emergency in over a century.

She says she vehemently disagrees with the court’s interpretation of the Michigan constitution and is deeply disappointed.

Whitmer also stated that the court ruling doesn’t take effect for at least 21 days (October 23rd) although she doesn’t cite the court case that supports this statement and none of the articles I have read asked her about it.

A Facebook post from Republican Speaker of the Michigan House of Representatives,  Lee Chatfield, over the weekend referred to the governor’s press release by saying, “As for the governor saying that the ruling does not take effect for another 21 days, we believe she is misapplying a court rule that does not apply in federal certified questions cases. She is mistaken. The opinion has immediate effect in that no court can issue an inconsistent ruling, but a court must still apply that opinion to a particular case for practical effect. We are all eager for a final order.”

He went on to say, “The Legislature remains committed to partnering with the administration to chart our state’s path forward. This process will be based on reason, science, data and the freedom secured to every individual based on the constitution we swore to uphold. The key decisions regarding statewide policy will be debated through the democratic process. There will be public hearings. There will be opportunity for public input. There will be transparency. That is what the people of our state deserve, and it’s what they will get. In the meantime, please be responsible. Exercise individual discretion. And remember that private businesses still have the authority to implement health and safety protocols on their own private property. The virus is real, and we need to take it seriously. Take precautions to not potentially spread this disease. Respect others. Be patient. Love your neighbor as yourself. As a state and country, we will get through this. But we will do it together.”

Whitmer, however, seems to have other plans and said in her press release that “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 probably means that Whitmer will try to continue her tyranny through the health department. In listening to her attorneys during the court cases, that was my take on how she’d continue some of her executive orders if she lost the court case.

Michigan law MCL 333.2253 from 1978 under the Public Health Code allows the health director to protect the public health by prohibiting gatherings of people for any purpose and says the director “may establish procedures to be followed during the epidemic to insure continuation of essential public health services and enforcement of health laws.” 

So you can bet your bottom dollar that Whitmer has a plan to work with the health department to keep Michigan under her rules as much as possible. Her power will not be denied.

You might wonder if the Unlock Michigan petition is needed now that the court has deemed the EPGA unconstitutional. According to Attorney David Kallman of the Kallman Legal Group, he says that even though the EPGA is no longer enforceable, it is still on the books and a future Supreme Court could reinstate the law. So it’s still a good idea to get the law off the books altogether.