Multiple media outlets and the Michigan Republican Party have reported that a lawsuit has been filed in the Michigan Court challenging Gov. Witless’ authority to crank out an endless litany of Executive Orders relating to the Wuhan virus.
They have asked for an expedited ruling in this matter.
Two quick points:
First, it was filed in the Michigan Court of Claims. Their track record in this area, Judge Murray’s legal rationale especially, is questionable at best and laughable at worst. Martinko, et al vs. Whitmer is a perfect example of my skepticism.
I DO NOT see them ruling favorably in this case. It will most likely be going to the Michigan Supreme Court.
Second, this is only going to address PA 302 of 1945, it does not address anything else.
We already have an AG shooting off “opinions” on the legality of a rogue governor’s actions. While it is doubtful that they will be upheld, AG Nessel’s actions do throw a monkey wrench into the works of bringing Michigan back.
FYI, I’m speaking to a few people regarding a second front to dealing with PA 302…more to follow.
Another “lost decade” is not out of the realm of possibility if the governor’s actions are not remedied in time.
The news media across Michigan has been treating PA 302 of 1945 as fully the equal of PA 390 of 1976 without providing any context.
PA 302 of 1945 was an anti-insurrection statute which was passed in the wake of the 1943 Detroit race riot. Its passage was delayed by Judge Leland W. Carr's one man grand jury investigation into graft in the Michigan Legislature, which knocked the Legislature out of commission during the entirety of 1944.
PA 302 only passed in 1945 because the last remnants of the Purple Gang killed State Senator Warren G. Hooper near his home in Albion in January 1945. This terrified the Legislature, which had no idea what to expect next, but figured it was facing another insurrection.
PA 390 of 1976 is a comprehensive emergency management statute covering all forms of natural and unnatural disasters. The substitution of PA 302 of 1945 for PA 390 of 1976 is an exercise in self aggrandizement on the part of our Governor which should be roundly condemned.
This is going to address more than 302 of 1945 - 390 of 1976 is in there as well.