Wednesday, May 06, 2020

So, Governor Half-Whit, #WhatOrder?

It's getting interesting.

The Michigan Legislature has now sued the Governor for overstepping her authority on her lock down of the state as she is refusing to negotiate or get authroization from the legislature, which she is required to do under the 1976 Emergency Powers Act.

The Detroit News: GOP lawmakers challenging Whitmer's emergency powers as 'invalid'

Arguably, and there are some solid legal arguments to be made, the 1945 Emergency Powers Act she is now operating under without any legislative oversight neither allows her to do her stay home/stay safe order nor many other things she is enforcing as she regulates the state by the seat of her pants and continues to go beyond federal CISA guidelines as to what should be permissible.

In addition others are suing the governor including Sotheby's in a really well done complaint for her overreach and arbitrary and capricious restrictions.

There's a darn good argument all of her current orders are invalid as they are not authorized under the 1976 Act and not provided for in the 1945 Act.

So much so that Attorney General Nessel, Whitmer's close ally, just threw local law enforcement under the bus. Instead of stating the orders are valid and enforceable, she stated law enforcement should use their best judgment in enforcing the orders.

Unfortunately, some cops have lousy judgment: They're ticketing a barber for opening and cutting customer's hair.

Owosso barber reopens despite state orders: 'I was in despair, I had to go back to work'

Manke was violating Gov. Gretchen Whitmer's executive order for non-essential businesses to remain closed, but he didn't care. He needed to get back to work.

"(The shutdown) collapsed me, mentally, physically and spiritually," Manke said. "I was in despair, I had to go back to work...I don't have anybody paying me unless I'm doing work."

The 77-year-old barber received a citation Wednesday for violating the executive order on the third day he was open. Violating the order is a misdemeanor that carries a fine up to $1,000 and possible license sanctions.

The barber was unable to get unemployment through our state's mess of an unemployment system, he's received no relief at all, and is watching his life and business go under. He's following best practices to safely operate his business and did what anyone in his position should do to survive especially when the orders are of questionable legality now.

Given he now has customers coming from 100 miles away I'd daresay he's essential, and since Gov Half-Whit's orders due to her grandstanding as she view for the VP slot may now be unenforceable as she failed to get them reauthorized by the legislature,he may have a solid defense to the citation.

Meanwhile, a new hashtag is popping up around Michigan - #WhatOrder?

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