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‘Burn your masks’: Michigan court rules state’s emergency order is unconstitutional

Michigan Gov. Gretchen Whitmer’s emergency orders to battle COVID-19 are not legal, the state’s Supreme Court said.

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Rally goers gather at the Capitol and listen as Steven Crowder speaks during his protest against Gov. Gretchen Whitmer at the Michigan State capitol in Lansing, Mich., on Friday, Oct. 2, 2020. Crowder focused on Whitmer’s decisions regarding seniors with COVID-19.

Rallygoers gather at the Capitol and listen as Steven Crowder speaks during his protest against Gov. Gretchen Whitmer at the Michigan State capitol in Lansing, Mich., on Friday, Oct. 2, 2020. Crowder focused on Whitmer’s decisions regarding seniors with COVID-19.

Associated Press

The Michigan Supreme Court issued a ruling on Friday that many of Michigan Gov. Gretchen Whitmer’s emergency orders to battle COVID-19 are not legal, according to Fox 2 Detroit.

  • The ruling said Whitmer used a 1945 law to declare a statement of emergency. The court ruled 4-3 that the governor’s use of the 1945 law was unconstitutional.

Michigan attorney Katherine Henry said the governor does not have a legal basis to keep declaring a state of emergency, according to Fox 2 Detroit.

Whitmer said the Supreme Court ruling won’t get into effect for 21 days. But Henry said that is not true, and the emergency mandates are over.

  • “That means burn your masks right now if you didn’t already. Open your gym, and movie theatre and open whatever business you have. Go on and frequent whatever business you would like to go to, if you have a church that’s limited your services because of how you’re reading the EOs, forget that. All of those executive orders, based on COVID-19 circumstances, from 2020, they’re out, they’re gone, they’re done,” Henry said.

Henrey said Whitmer could only bring the case to the Supreme Court, which, she said, cannot rule over state law, according to Fox 2 Detroit.

  • “Our United States Supreme Court doesn’t have jurisdiction to hear those kinds of cases. They can only answer issues about if our state law or our state constitution violated the federal law or federal constitution. So the highest court in the land that can answer these questions, has spoken. The decision has been rendered. It’s there as of Friday at 4:35. So she can try and whine and complain all she wants, she’s not going to get anywhere,” Henry said.

Michigan Senate Majority Leader Mike Shirkey said the state of Michigan needs to learn to live with the coronavirus, according to Bridge Michigan.

  • “We need to now transition from a public health emergency to managing and learning to live with this virus,” he said. “I think we can do that without being under a state of emergency, and that’s my strong, strong feelings.”