Here’s the opinion, on questions certified to the state supreme court by the federal district court. https://courts.michigan.gov/Courts/MichiganSupremeCourt/Clerks/Documents/2020-2021/161492/In%20re%20Certified%20Questions-OP.pdf …
-
-
Show this thread
-
Gov. Whitmer initially relied on a 1976 statute to issue an emergency declaration & associated orders, but the 1976 statute requires legislative approval to extend a declaration. After the legislature refused a second extension in May, Whitmer switched to a 1945 statute...
Show this thread -
The lower court reasoned the 1976 statute wasn’t intended to limit the governor’s powers under the 1945 statute, so the switch was fine. Plus, the 1945 statute’s requirements that orders must be reasonable & necessary to protect life, property provided sufficient guidance
Show this thread -
But the Michigan state supreme court has now ruled that the 1945 statute’s delegation to the governor was overly broad & improperly delegated legislative authority to the governor, in violation of the state constitution.
Show this thread -
-
Similar arguments about improper delegation of legislative authority have been rejected by courts in other states, though the Wisconsin Supreme Court found it persuasive (among other arguments) in May.
Show this thread -
I’ve written about these arguments and called for legislation to specifically authorize social distancing & mask mandates to put them on surer footing & provide statutory guardrails to ensure transparency and accountability here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3634997 …
Show this thread
End of conversation
New conversation -
-
-
IMO, this is ultimately a good decision. The law that was overturned here could as easily be applied to prohibit gatherings because of protests. We really should all agree that governors should not be permitted to rule by decree.
-
Constitutional protections for individual rights would theoretically constrain the exercise of the statutory authority to prohibit political protests, but courts have taken a highly deferential stance toward emergency measures, with many suspending ordinary standards of review.
- Show replies
New conversation -
-
-
since this was an opinion on a certified question from a federal court, does the federal court still have to rule or does the mi supct opinion have the same authority as if it had ruled on a case that originated in a michigan court?
-
Good question. I’m not sure
- Show replies
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.