On Friday, October 2, the Michigan Supreme Court issued a landmark decision, ruling that all of Governor Gretchen Whitmer’s so-called ‘Covid19’ Emergency Orders which had been in effect since March were illegal, and had been illegal since the end of April, when they were extended without Congressional approval.
The shocking decision by the high court ruled that the primary law the Governor drew her authority from for the issuance of the executive orders - the Emergency Powers of the Governor Act of 1945 - was itself an entirely unconstitutional law.
“The Governor does not possess the authority to exercise emergency powers under the Emergency Powers of the Governor Act of 1945 (the EPGA), MCL 10.31 et seq., because that act is an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution. Accordingly, the executive orders issued by the Governor in response to the COVID-19 pandemic now lack any basis under Michigan law,” Attorney Katherine Henry explained. Henry is a member of the group “Restore Freedom” and had been fighting these unlawful orders for six months, before arguing the case before the Supreme Court.
The Supreme Court actually issued two rulings on the case, one with a unanimous 7-0 vote, and the other with a 4-3 vote. The Governor had continually extended the initial executive orders first issued in March every 28 days starting on April 30th without Congressional approval, a stipulation of the Emergency Management Act of 1976, and so the court unanimously ruled the executive orders were illegal under this act.
"Specifically, they said she has no authority, on a 7-0 opinion, no authority to issue these executive orders, according to the emergency management act of 1976. That was the first part and that was the part that was unanimous. That she has zero authority to do this," Henry said.
And since the court also ruled that the 1945 emergency powers act itself that the Governor had ostensibly drawn her authority from was ruled to be unconstitutional, her executive orders had no lawful basis from April 30th onwards, and were thus entirely illegal, and had in fact been illegal for the past 5 months.
“The second question was whether the Emergency Powers of Governor act violated the state constitution, namely, separation of powers clause - article 3 section 2," Katherine Henry went on to say. "What the court said in a 4-3 opinion, in that regard, was that yes, the emergency power of governor act of 1945 is entirely unconstitutional. The governor has no way to rely on that to act on our behalf."
The attorney went on to point out that “the governor has had some very creative reading skills when it comes to our state laws in Michigan and the constitution.”
For her part, the Governor issued a press release immediately following the Supreme Court decision, which failed to mention the unanimous ruling, stating only that the court had made a 4-3 decision. She then went on to absurdly claim that the court’s ruling would not go into effect for three whole weeks, during which time her illegal orders would remain lawful as per her own declaration, before assuring her constituents, or more like her subjects, that the now illegal orders would then continue to stay in effect under new authority. It would also appear she has some creative ideas about how to circumvent this ruling!
“It is important to note that this ruling does not take effect for at least 21 days, and until then, my emergency declaration and orders retain the force of law," she said. "Furthermore, after 21 days, many of the responsive measures I have put in place to control the spread of the virus will continue under alternative sources of authority that were not at issue in today’s ruling," the governor said on Friday.
This is exactly the type of response one would expect from a tyrannical dictator who has absolutely no regard for the rule of law or the checks and balances of a constitutional republic, not to mention the rights and wishes of her constituents, or as she sees it her subjects. Despite the Governor’s claims, however, the reality of the situation is that her executive orders were rendered null and void the second the high court ruled them to be illegal and unconstitutional at 4:35 pm on Friday October 2, and in fact they had already been illegal since April 30, without lawful authority all the way from April 30th to the present time, according to the Supreme Court’s unanimous ruling.
"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.
"(The) 7-0 (ruling) specifically said that the legislature has to be involved after 28 days, according to the 1976 emergency management act. They did give that first extension on April 7th (when) they voted to give her another 23 days. After April 30th, the only way they could continue is if the legislature voted to extend the state of emergency yet again. Which they did not. So the court, in a 7-0 decision said, very clearly, the governor had to get the approval of the legislature to go beyond that initial 28 days."
What this means is that the Governor of Michigan must get congressional approval to legally extend the currently unconstitutional executive orders. This might prove difficult, considering the pandemic is by now long gone, and the legislature hasn’t approved an extension to these orders for over six months, since the time the so-called pandemic first dissipated, the same time the orders expired, at the end of April. Given her insistence that her illegal orders remain lawful in spite of the clear ruling from the state’s highest court, her willingness to repeatedly extend the orders in violation of state law without congressional approval over the past six months, and her assurance that they will be extended under new authority despite no such lawful authority currently in existence, it is clear this Governor has no intention to respect or abide by the laws or the Constitution of the State of Michigan, no matter what the Supreme Court has ruled.
This is exactly the type of behavior and attitude one would expect to come from an unaccountable tyrannical dictator, not a democratically elected representative of the people. And as we have all been clearly shown through the duration of this so-called pandemic, this is exactly what pretty much all of the Governers of the several states have taken it upon themselves to become - tyrannical dictators ignoring their respective constitutions and the rights and interests of the People, usurping power from every branch of government, whether ‘legally’ or ‘illegally’, and in this case even brazenly ignoring the clear ruling of the highest court of the state.
But regardless of her statements to the contrary, the Supreme Court has made its decision, handing down a very ruling, and there is no higher court to which this tyrant can appeal for a legal endorsement of her tyrannical orders, as Attorney Katherine Henry points out:
“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.”
There can be no doubt that this court ruling was a major victory for freedom, the rule of law and the rights of the People, in the face of the ongoing Covid1984 march to tyranny. But rest assured the tyrants won’t be stopped so easily. And had the court ruled in favor of the tyrannical orders, it would not have made them any more just or lawful.
No single entity has the lawful right or authority to command an entire population to dehumanize and deprive themselves of a healthy amount of oxygen intake, by covering their faces with masks which may well cause more harm than good. No single entity has the right or authority to tell an an entire population that they must not physically contact one another. No single entity has the right or the authority to shut down entire economies, close down businesses against the will of the community, and lock down entire populations.
These executive orders were not just unlawful acts of tyranny, but they were also harmful and even deadly. This Governor, and indeed every Governor who initiated such deadly lockdowns on behalf of the emerging totalitarian Covid1984 technocracy are nothing more than New World Order puppet stooges who should at the very least be immediately removed from office for their crimes against humanity, for deprivation of rights under color of law, dereliction of duty, and for violating their oath of office to uphold the Constitution.
It is worth noting that 18 USC 242, Deprivation of Rights Under Color of Law, clearly states that:
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, ...shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
This is exactly what Governors across the country have done: Under the color of law and their emergency orders, they have deprived and attempted to deprive the people within their states from basic human rights including the right to travel, the right to work, the right to operate a business, the right to freely breath, the right to associate with one another; and this has even included the threatened use of a dangerous weapon and kidnapping, as police have used tasers and other weapons against noncompliant citizens such as peaceful people not wearing masks, and have also threatening to arrest and arrested - which in such a case is kidnapping - in order to enforce this deprivation of rights against the citizenry.
These are the actions of tyrannical dictators and obedient order-following enforcers, not leaders of the free world and police forces protecting and serving the people. It is and always has been up to the People to ensure that they remain free, through resistance to unlawful orders and all manner of tyranny, if the authorities refuse to recognize such basic human rights as the right to freely breathe, the right make a living, the right to travel, and the right to freely associate and come into physical contact with whomsoever one chooses. A few court decisions will not stop these tyrants, if the People are not willing to firmly stand up for their rights and insist on living as free human beings, regardless off whether doing so is technically deemed ‘legal’ or ‘illegal’. Mass noncompliance is the quickest and most direct way to nullify any tyrannical law or unconstitutional edict. We can hope the courts of other states will follow suit in declaring such orders to be unconstitutional, as well they should in most, if not all, cases. However there is no guarantee of this, and we cannot afford to idly wait around hoping for the best.
The time to resist the onslaught of tyranny is now. When injustice becomes law, resistance becomes duty. Because in most cases, the courts are not going to jump in and rule in freedom’s favor, and even if they do, it usually comes as too little, too late - in this case, six months too late - when large damage to the human psyche, society and the economy has already been done. Nothing but widespread popular resistance can put a stop to the construction of the prison currently being built around us all. A revolution is already underway. Whether it has enough momentum to triumph over the forces of tyranny, only time and our choices in the coming days will tell.
Source: Fox 2 Detroit - https://www.fox2detroit.com/news/michigan-attorney-says-burn-your-masks-and-forget-covid-emergency-orders-after-state-supreme-court-decision