Re: Opinion: "Rape me" Whitmer's emergency powers ended immediately with ruling

[Kamala Joker Face]

In article <XnsAC5217...@0.0.0.1>
Ken More <us...@google.com> wrote:
>
> John Adams, our second president, once described a republic as “a
> government of laws, and not of men.” By this, he meant that we live by the
> rule of law, even those of us who are entrusted with public office for a
> time. The notion that no one is above the law remains true over 200 years
> later.
>
> Checks and balances secure the rule of law. They prevent too much power
> from becoming concentrated in the hands of too few — or one. In our
> republic, we have divided the powers of government into three departments:
> legislative, executive, and judicial. No person exercising the powers of
> one department shall exercise powers belonging to the other two. This
> separation of powers, obvious if implicit in our federal constitution, is
> explicit in Article III, Section 2 of our state constitution.
>
> The legislative power is the power to make laws. It is vested in our
> Legislature. Citing the intent to prevent the spread of COVID-19, Gov.
> Gretchen Whitmer spent the last seven months exercising legislative power
> through her executive orders. Those orders confined us to our homes unless
> we had a government-approved reason to be out.
>
> Those orders also closed schools, businesses, and every other facet of
> civic life, unless Whitmer decided it was “critical.” Even since
> “allowing” parts of the economy to reopen, she has continued to
> micromanage daily life. And, for the last five months, she has been doing
> all of this over the objection of the Legislature — the people we elected
> to make the laws we live by.
>
> In 1803, the first chief justice of the United States penned words that
> every lawyer knows by heart: “It is emphatically the province and duty of
> the judicial department to say what the law is.” And that includes telling
> legislatures and governors when they’ve overstepped their legal authority.
> A respected, independent judiciary is what keeps us from slipping into a
> dictatorship or mob rule.
>
> Without judges to protect our rights and to keep our leaders within the
> bounds of the law, our constitution is just a collection of words on a
> page. As the late Justice Antonin Scalia once reminded the U.S. Senate,
> every banana republic has had a bill of rights.
>
> Despite what some polls may say, many of our fellow citizens believe that
> Whitmer’s orders have radically exceeded executive authority, however
> honorable her intentions may be. We have been privileged to represent
> several of them in court. Among them are men and women who, after years of
> working tirelessly to build their businesses, suffered losses with the
> stroke of the governor’s pen — well, actually, over 180 stokes of the pen
> so far. They had every right to ask the courts to decide if she has the
> power to do that. And the courts had a duty to answer that question.
>
> And answer it they did. At the beginning of October, the Michigan Supreme
> Court struck down Whitmer’s orders by striking down the Emergency Powers
> of the Governor Act of 1945 as an unconstitutional delegation of
> legislative power to the executive branch. The Court’s analysis tracks
> with the core arguments we have been making in the federal courts in
> Sotheby’s v. Whitmer, Mitchell v. Whitmer, and Emagine Theatres v.
> Whitmer, and in an amicus brief we filed in support of the Legislature’s
> challenge to Whitmer’s executive orders.
>
> e are proud to have been on the front line defending the republic from the
> mortal danger of executive overreach. And, as a people, we are fortunate
> that the Michigan Supreme Court has restored the people’s branch of
> government to its proper role in deciding how we, as a community, will
> respond to the virus.
>
> In response to the Court’s ruling, the governor incorrectly stated that
> the decision is not effective for another 21 days: Under Michigan Court
> Rule 7.315(C)(4), “unless otherwise ordered by the Court, an order or
> judgment is effective when it is issued…” Not 21 days later. Immediately.
> Her emergency powers are over, and either the Court or the attorney
> general should publicly clarify that Whitmer’s executive orders no longer
> have any force of law.
>
> Whitmer also said 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 were not at issue in today’s ruling.” If the
> governor intends to keep issuing orders, we intend to keep defending
> constitutional norms and our liberties on to the end, however long and
> hard that road may be.
>
> Our freedoms were purchased at too great a price by too many good men and
> women for us to flag in the fight. We owe it to our clients, ourselves,
> and our posterity to battle on. And we shall never tire to do so.
>
> Joseph E. Richotte is a shareholder with Butzel Long. He dedicates his
> practice to vigorously defending against criminal and civil enforcement
> actions that threaten business interests and personal liberty. Daniel J.
> McCarthy is a shareholder with Butzel Long. He concentrates his practice
> in appellate and commercial litigation for both state and federal courts.
>
> <https://www.detroitnews.com/restricted/?return=https%3A%2F%2Fwww.detroitn
> ews.com%2Fstory%2Fopinion%2F2020%2F10%2F09%2Fopinion-gov-whitmers-
> emergency-powers-ended-immediately-ruling%2F5943050002%2F>

Michigan pussies gave this bitch the sympathy vote and look what
it got them.