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ProfLWiley's profile
Lindsay Wiley
Lindsay Wiley
Lindsay Wiley
@ProfLWiley

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Lindsay Wiley

@ProfLWiley

JD, MPH, @AUWCL law prof, @HealthAUWCL Director, tweeting about health law, health policy, public health, global health, social epidemiology, legal epidemiology

Washington, DC
wcl.american.edu/community/facu…
Joined June 2017

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    Lindsay Wiley‏ @ProfLWiley 2 Oct 2020

    Lindsay Wiley Retweeted Nicholas Bagley

    There’s... a lot going on today. The MI Supreme Court has ruled that Gov. Whitmer lacked properly delegated statutory authority to issue extended emergency orders. Ruling doesn’t affect state or local health department orders.https://twitter.com/nicholas_bagley/status/1312156985073180672 …

    Lindsay Wiley added,

    Nicholas BagleyVerified account @nicholas_bagley
    It is crucial to understand this. The mask order, the worker safety order -- most of things that matter are STILL part of state law, even after the Michigan Supreme Court's ruling (which doesn't take effect for 21 days anyhow). https://twitter.com/jonathanoosting/status/1312154067523629056 …
    3:32 PM - 2 Oct 2020
    • 21 Retweets
    • 19 Likes
    • the sailing science shill ⛵️ Luna souplady ☮🌊✝️ boo boo Leo Beletsky Nizan Geslevich Packin Lydia Christina (she/her) Healthcare discovery (((Dorit Reiss)))
    3 replies 21 retweets 19 likes
      1. New conversation
      2. Lindsay Wiley‏ @ProfLWiley 2 Oct 2020

        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 …

        1 reply 5 retweets 2 likes
        Show this thread
      3. Lindsay Wiley‏ @ProfLWiley 2 Oct 2020

        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...

        1 reply 3 retweets 4 likes
        Show this thread
      4. Lindsay Wiley‏ @ProfLWiley 2 Oct 2020

        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

        1 reply 4 retweets 4 likes
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      5. Lindsay Wiley‏ @ProfLWiley 2 Oct 2020

        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.

        1 reply 3 retweets 2 likes
        Show this thread
      6. Lindsay Wiley‏ @ProfLWiley 2 Oct 2020

        EMA = 1976 statute, EPGA = 1945 statute.pic.twitter.com/D2VIFlMdQj

        1 reply 3 retweets 3 likes
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      7. Lindsay Wiley‏ @ProfLWiley 2 Oct 2020

        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.

        1 reply 3 retweets 2 likes
        Show this thread
      8. Lindsay Wiley‏ @ProfLWiley 2 Oct 2020

        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 …

        0 replies 5 retweets 11 likes
        Show this thread
      9. End of conversation
      1. New conversation
      2. An R Key Kid‏ @AKAnarchyKid 2 Oct 2020
        Replying to @ProfLWiley

        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.

        1 reply 0 retweets 0 likes
      3. Lindsay Wiley‏ @ProfLWiley 2 Oct 2020
        Replying to @AKAnarchyKid

        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.

        2 replies 1 retweet 2 likes
      4. Show replies
      1. New conversation
      2. Jack Turner‏ @jrtlawpetoskey 2 Oct 2020
        Replying to @ProfLWiley

        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?

        1 reply 0 retweets 2 likes
      3. Lindsay Wiley‏ @ProfLWiley 2 Oct 2020
        Replying to @jrtlawpetoskey

        Good question. I’m not sure

        1 reply 0 retweets 0 likes
      4. Show replies

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