(Ashe Schow) Even though the Michigan Supreme Court ruled that Democratic Gov. Gretchen Whitmer’s emergency declaration for the coronavirus pandemic violates two state laws and the state constitution, the governor has vowed to continue with the measures she has put in place using that declaration.
by Ashe Schow, October, 3rd, 2020
As The Daily Wire’s Tim Pearce reported, the Michigan Supreme Court “ruled that Whitmer 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 Mlive.com. Those two laws are the 1976 Emergency Management Act (EMA) and the 1945 Emergency Powers of the Governor Act (EPGA).”
After the ruling, Whitmer released a response saying that she found the ruling “deeply disappointing” and that she would continue to enforce unspecified actions.
“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,” Whitmer said in her statement.
As The Daily Wire previously reported, the ruling is the result of a lawsuit brought by a group of Michigan medical providers and a patient who couldn’t have a knee surgery due to Whitmer’s coronavirus restrictions:
The owners of Grand Health Partners, Wellston Medical Center, and Primary Health Services, and Jeffery Gulick filed the lawsuit 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.
“This shutdown is risking lives and imperiling health,” Grand Health Partners president and surgeon Dr. Randal Baker told Up North Live. “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.”
Whitmer’s full statement:
Since the beginning of this crisis, 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. Thanks to the hard work of millions of Michiganders who sacrificed and did the right thing, we have saved thousands of lives and laid the foundation for a strong economic recovery. But COVID-19 still poses a clear and present danger to the people of Michigan, our economy, and our way of life.
This virus has now killed more Michiganders than World War I. It is a novel virus for which there is no cure, and which has infected the President of the United States, members of the United States Congress, and Legislators across our state. This virus continues to take the lives of Americans every single day, and without a cure or approved vaccine, that will continue for the foreseeable future.
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. 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.
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.
I know this is hard. We all want this crisis to be over, and we all want life to return to normal as soon as possible. But the only way we will get through this is by pulling together as Americans and working as one nation to defeat this virus. That means wearing a mask, washing your hands frequently, and maintaining six feet of physical distancing. Michiganders have grit, and there is no challenge we can’t meet.
I want the people of Michigan to know that no matter what happens, I will never stop fighting to keep you and your families safe from this deadly virus.
About The Author
Ashe Schow is a reporter and columnist with bylines at the Federalist and the New York Observer. She has previously worked for Real Clear Investigations, the Washington Examiner, and the Heritage Foundation. She lives in Virginia with her fiance and two cats, Shadow and Charlie.
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