Michigan Barber Wins in Court Against Gov. Whitmer: 'Health Department Failed to Show Threat'

PJ Media ^ | 05/23/2020 | Megan Fox

[DannyTN]

Can you cite for us the statute for this “recommendation”?

Michigan Emergency Powers act 302 of 1945. And Michigan Emergency Powers act of 1976.

Interestingly the 1976 law required the Governor to get legislative approval past 28 days. But a democrat judge there has ruled that the Governor did exceed her powers under the 1976 act but that since it was a separate act from the 1945 act that the full powers granted in 1945 still apply.

I think that's a bad ruling since the 1976 act was clearly meant to provide some legislative oversight of the powers in the 1945 act. But since the 1976 act didn't specifically amend the 1945 act, I guess it's up to the judges in the appeals court and state supreme court to decide.

[JParris]

Hopefully, the first of millions of such decisions.

[headstamp 2]

“People can’t simply say, ‘I don’t agree’ and do whatever they want,” Assistant Attorney General Joseph Potchen said. “It’s not how our legal system works.”

LOL as opposed to giving governors complete dictatorial powers without consultation with a legislature.

[CodeToad]

Your fears do not constitute a threat. You didn’t act this cowardly for the flu that kills people every year.

You are gullible and are easily manipulated by the press, but that doesn’t mean others should participate in your nosophobia.

[CodeToad]

Stats cannot make laws that violate our US Constitutional rights. Take a civics class.

[DannyTN]

Sheriffs are under no obligation to enforce an unconstitution order. Try again.

No need to try again, you're wrong.

• You have emergency powers acts duly passed by the legislature in 1945 and 1976.
• You have a 105 year old SCOTUS precedent upholding such emergency powers as constitutional, saying that communities have the right to protect themselves against threats such as contagious diseases.

Show me where the courts have ruled this unconstitutional and I'll agree with you. But both history and court precedent are against you.

Now there is an interesting twist in this case, because the 1976 law provided legislative oversight after 28 days, but didn't specifically amend the 1945 act which gave the governor broad powers. A judge has ruled in favor of the governor. We'll see what the appeals court come back with.

[Mr Rogers]

Is there ANY tyranny your fear won’t force you to bow down to and protect, DannyTN?

[DannyTN]

SCOTUS is the final arbiter of the interpretation of the Constitution, not you. SCOTUS ruled 105 years ago that Emergency Powers acts are constitutional.

You take a civics class and a history class.

[CodeToad]

“SCOTUS is the final arbiter of the interpretation of the Constitution, not you”

I hate to tell you, but We the People ARE the final arbiters of our rights. I also highly doubt you can read a USSC ruling and understand its meaning.

Again, take a civics class instead of believing everything you think.

[Nik Naym]

Just what the hell is your problem? It seems like every time I see a boot licking, freedom hating, constitution ignoring oh-my-God-we’re-all-gonna-die post, it’s yours.

[DannyTN]

"I hate to tell you, but We the People ARE the final arbiters of our rights"

Fine change the law. But the people of Michigan elected legislators who voted for the Emegency Powers Act. And SCOTUS has historically upheld such acts as constitutional.

So until the people change the law, they have to live with it. And you're just a toad croaking on the side of the road, because you don't like what that state voted for in the past.

[kiryandil]

Shiawassee County Circuit Court Judge Matthew J. Stewart turned down a request Monday, May 11, from the Michigan Department of Health and Human Services for a temporary restraining order that would have required Karl Manke to cease all operations at his shop.

The Michigan Attorney General's Office filed a request for an emergency temporary restraining order against barber Karl Manke when he refused to close his shop after receiving two citations — one for violating the governor's executive stay-home order and another from the county health department.

Shiawassee County Circuit Court Judge Matthew Stewart decided Thursday not to grant the attorney general's request, allowing Manke to stay open.

Michigan Court of Appeals Judge Stephen Borrello ordered Stewart to hold a hearing on the temporary restraining order and issue an opinion by 5 p.m. Thursday. That order was filed Monday.

Pretty sure that Judge Matt Stewart is a Republican - NRA member and a US Navy veteran.

Appeals Court judge Stephen Borrello was appointed by Democrat Jennifer Granholm. If he gets the appeal by crooked Michigan attorney general Dana "Damn The Dam" Nessel, he'll probably rule in favor of the DemoFascists.

[CodeToad]

“SCOTUS is the final arbiter of the interpretation of the Constitution, not you.”

The government derives its power from the people; we do not derive our allowances from government.

[DannyTN]

Again fine change the law.

People of Michigan gave the governor the power through duly enacted legislation which SCOTUS has upheld in the past as constitutional.

Now she has used it and some people don’t like it. Let the people call their legislators and get them to override the governor and change the law.

Just cause you don’t like a law, doesn’t make it unconstitutional. And just because a Governor exorcises her power under a duly passed law during a pandemic which the law was designed to address, doesn’t make it tyranny.

We are either a nation that abides by the rule of law or we are not.

[frank ballenger]

Whitless has no Science that she likes to talk about so much.

Just to be fair, she had a Science For Dummies book sticking out of her designer handbag once. A turquoise emery board used as a bookmark was on page 14. Tough reading.

[CodeToad]

Then stay a slave by law.

[DannyTN]

You can question the Governor’s judgement in whether to use her powers or the way in which she has used her powers.

But the law appears to be on her side and this is not tyranny. This is pandemic response. There is a question about whether the 1976 law should have superseded the 1945 one.

[DannyTN]

Then stay a slave by law.

I'm a law abiding citizen of Tennessee and these United States.

I do submit myself to the laws of my community, state and nation and am PROUD OF IT!!!

The only time I might feel incline to violate a law is when it violates God's laws. And that's pretty rare. Though becoming more common with gay special rights and what not.

When I do see conflicts I vote for people who will remove those conflicts within the legal framework. I don't think of overthrowing a legal framework that works as a first resort.

[cuban leaf]

Just because a bunch of Mr. Monks say there is a threat, doesn’t mean there is a threat. There is a threat of the flu, especially for that two year old who’s hair he was cutting, but not enough of one.

Same thing here. “Health threat” can not be a “catch all” to just fore people to do whatever you want them to do. All human interaction is some sort of health threat. It has to cross some sort of line. You know, like rats in the salad.

[frank ballenger]

You are right. I think no one thought ahead to “what if the governor is an out of control dictator?” Should have.

Not at all sure of details but I think Whitmer is abusing the date extension power as this is not a war, widespread rioting, mass power outage or similar true emergency. A virus that is handled to suit her party’s political war against Trump isn’t an emergency, in my opinion.

https://www.mlive.com/public-interest/2020/05/senate-majority-leader-supports-petition-to-limit-michigan-governors-emergency-powers.html