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Reported By Ben Dutka | October 5, 2020

After High Court Rules Michigan Lockdown Unconstitutional – Their AG Just Refused To Enforce Governor Whitmer’s Orders

During the pandemic, many state governors exercised their “emergency power” rights to enact a variety of rules and regulations. They were designed to protect the citizenry, of course. But many people, including politicians and lawmakers, questioned these moves. Some viewed the actions as an abuse of power or even unconstitutional in nature.

Well, one state Supreme Court recently agreed with the latter opinion.

On Friday, the Michigan high court issued a split decision, ultimately ruling that Gov. Gretchen Whitmer’s “extension of emergency declarations” was unconstitutional.

Whitmer responded by saying she “vehemently disagrees” with the court’s decision, but that won’t change the result.

And now the ruling is already having an impact on other aspects of Michigan government. Their Attorney General, Dana Nessel, made the following announcement yesterday:

Michigan Attorney General Dana Nessel said Sunday she will not continue to enforce Democratic Michigan Gov. Gretchen Whitmer’s executive orders ‘through criminal prosecution’ after the state Supreme Court ruled the orders unconstitutional Friday.

In other words, law enforcement won’t be able to enforce Whitmer’s executive orders and issue punishments to residents. However, Nessel added that she hoped people would “continue to abide by the measures that Governor Whitmer put in place.” These include face masks and social distancing.

It’s also important to note that the court’s ruling doesn’t go into effect for three weeks (21 days). Until that time, the emergency declarations will continue to be enforced.

Whitmer locked Michigan down in March, which included shutting down most businesses deemed “non-essential.” As was the case with other states that issued similar declarations, protests quickly erupted. In particular, business owners afraid of losing their livelihoods railed against the edicts. And as the pandemic continues, and politicians continue to weigh more lockdowns and restrictions, the difficulty continues. Balancing public safety with economic stability is a serious challenge.

On top of which, we have to be sure we’re not going against the Constitution.

Most would probably agree that the key is to maintain our founding principles, while also attempting to stem the tide of the epidemic.

Key Takeaways:

  • On Friday, the Michigan state Supreme Court ruled that Gov. Gretchen Whitmer’s “extension of emergency declarations” was unconstitutional.
  • As a result, Michigan AG Dana Nessel said she won’t continue to enforce Whitmer’s orders via “criminal prosecution.”
  • Similar cases are going to court in other states. Balancing public and economic health has proven to be a difficult task.

Source: The Daily Caller


Ben S. Dutka is a journalist, writer and editor with over two decades of experience. He has worked with three newspapers and eight online publications, and he has also won a Connecticut short story contest entitled Art as Muse, Imaginary Realms. He has a penchant for writing, rowing, reading, video games, and Objectivism.


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