The Constitutional Reckoning of State Lockdown Orders, by Ethan Yang

STRAIGHT LINE LOGIC

Court challenges against state governor coronavirus edicts are finally making it state supreme courts, and the governors are losing. From Ethan Yang at aier.org:

constitution

On October 3rd NPR reported that the Michigan Supreme Court struck down Governor Gretchen Whitmer’s state of emergency and the powers it granted. NPR writes

In a 4-3 majority opinion, the state’s high court said she did not have that authority. “We conclude that the Governor lacked the authority to declare a ‘state of emergency’ or a ‘state of disaster’ under the EMA after April 30, 2020, on the basis of the COVID-19 pandemic. Furthermore, we conclude that the EPGA is in violation of the Constitution of our state because it purports to delegate to the executive branch the legislative powers of state government– including its plenary police powers– and to allow the exercise of such powers indefinitely,” wrote Justice Stephen J. Markman on…

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