lawsuit

New lawsuit challenges Whitmer emergency power

May 22, 2020

A conservative legal foundation has filed a new lawsuit challenging Governor Gretchen Whitmer’s ability to issue and enforce emergency orders related go the COVID-19 outbreak.

The Mackinac Center says Whitmer has stretched the meaning of “emergency” to continue to issue new emergency orders. The lawsuit also says she’s claiming the right to use administrative powers that govern workplace rules to enforce those orders. Under her orders, workplace violations carry bigger fines and penalties.

wikipedia.com

A lawyer for Governor Gretchen Whitmer says she is allowed to continue declaring new COVID-19 states of emergency without approval by the Legislature. That’s in response to a court challenge filed by the Legislature’s Republican leaders.
 

The arguments took place online before a Michigan Court of Claims judge. The Legislature’s Republican leaders say Whitmer is trying to claim virtually unchecked power with a string of COVID-19 emergency declarations.
                Attorney Michael Williams says she can NO longer do that without the Legislature’s approval.

Lou Anna Simon photo
wiki-commons

A judge dismissed criminal charges Wednesday against former Michigan State University President Lou Anna Simon, who was accused of lying to investigators in 2018 as they tried to learn what she knew years earlier about sexual assault complaints involving Larry Nassar.

Simon last year was ordered to trial in Eaton County, near Lansing. But Circuit Judge John Maurer tossed the case, saying a lower court judge had abused her discretion in finding enough evidence to keep the case going.

Michigan State Police arm badge
Michigan State Police

Two white men say they were the victims of illegal retaliation after objecting to efforts to diversify the Michigan State Police. Michael Caldwell and Robert Hahn filed lawsuits in federal court. They said they voiced objections after state police Director Joe Gasper told command officers that the department was "way too white and way too male." Caldwell was eventually demoted and Hahn was fired. State police say they violated policy related to the promotion process. Caldwell and Hahn say racial and gender preferences in public employment violate the state and U.S.

Michigan seal
wikipedia

The Republican-led Michigan Legislature sued Democratic Gov. Gretchen Whitmer on Wednesday, asking a judge to declare invalid and unenforceable her stay-at-home order and other measures issued to combat the coronavirus pandemic.

Governor Gretchen Whitmer portrait
Michigan.gov

The Republican-led Michigan Legislature has refused to extend the state's coronavirus emergency declaration. It also voted Thursday to authorize a lawsuit challenging Democratic Gov. Gretchen Whitmer's authority and actions to combat the pandemic. The unfazed governor issued new orders declaring states of emergency and disaster. A court fight is looming. The emergency is the basis for Whitmer's stay-at-home order, which she says has saved lives. The Legislature's steps came as hundreds of conservative activists returned to the Capitol to denounce Whitmer's stay-home measure.

Prison cells photo
wiki commons

Lawyers are seeking testing for all Michigan prisoners and staff as well as other steps to protect them from the highly contagious coronavirus. A lawsuit was filed Wednesday against the state Corrections Department. At least 41 prisoners have died of complications from COVID-19, the respiratory illness caused by the virus. Michigan has roughly 38,000 prisoners but has tested only 3,100 so far. Forty-five percent tested positive.

Michigan Capitol Building photo
Michigan Senate / www.senate.michigan.gov

The Republican-led Michigan House has refused to extend the state's coronavirus emergency declaration. It also voted Thursday to authorize a lawsuit challenging Democratic Gov. Gretchen Whitmer's authority and actions to combat the pandemic. The step came as hundreds of conservative activists returned to the Capitol to denounce Whitmer's stay-at-home measure. Whitmer wanted lawmakers to extend her emergency declaration by 28 days. It expires late Thursday.

Voting booths photo
Wikipedia

A liberal group has dropped part of its lawsuit challenging Michigan's law regarding same-day voter registration at polling places, after the state clarified people can register at satellite locations. Super PAC Priorities USA filed an amended suit Tuesday in the Court of Claims. It pointed to a memo in which the state told local clerks satellite offices can also be used for voter registration including on Election Day. The guidance also said it is permissible to establish a satellite office at a polling location.

A Democratic group is challenging Michigan's restrictions on transporting voters to the polls and helping people apply for absentee ballots, asking a federal judge to block enforcement of the laws.

The lawsuit was filed late Tuesday. It is the second voting-related suit brought in two weeks by Priorities USA, a super PAC that plans to spend millions of dollars to mobilize and turn out voters in Michigan.

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