OT: Michigan Executive Orders declared unconstitutional

Submitted by ypsituckyboy on October 5th, 2020 at 10:45 AM

Late last week, the Michigan Supreme Court declared that the Governor did not possess the authority to exercise emergency powers under the EPGA (1945 law) because the act unlawfully delegates legislative power to the executive branch in violation of the Michigan Constitution. Whitmer has said the EOs are in effect for 21 more days (referencing a rehearing rule that postpones issuance of the judgment order for 21 days), but that's probably not an accurate take given that the opinion has been filed and there's no way to enforce the EOs.

Curious to know if anyone's company is going to change the way they operate now? Anyone going to do anything differently? Company I work for is going to keep the status quo for the time being.

awill76

October 5th, 2020 at 4:23 PM ^

Yeah, that's my take also.  Emergency powers should never be open-ended.  The Gov. was right to deal swiftly with an emergency situation as she did last spring but as time goes by it must become a jointly addressed effort between the legislature and the executive branches.  Whitmer's EO powers were overdue for limitation.  

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champswest

October 5th, 2020 at 3:38 PM ^

So , I guess the 21 day EO will expire before the Michigan football home opener. Assuming no local government or Big Ten rule to the contrary, the Big House could be full of fans under a mask optional policy. Based on the last 6 months of Covid threads, I am guessing that 75% of the posters here would not be in attendance. 

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QuentinKyle

October 5th, 2020 at 4:27 PM ^

I would as well! That said, I would still wear a mask in that case, even though I personally am not in any way concerned about contracting the virus...

I still want to be careful that I don't present a risk to others, particularly those with potential comorbidities... and even though I'd think that high-risk individuals (and their loved ones who interact closely with them) would probably eschew attending a game at the Big House; I'd still try to do my part to ally concern. 

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