Saturday, June 20, 2020

Prelude To Detorit: Michigan Western Michigan Judge Paul Maloney Kicks Gretchen Whitmer To Supreme Court While Barr Kicks Her To MIED On Constitutionality Of Executive Orders

Hmmmmmm......

Can you smell it?

I can.

Messy.

So, I guess Paul Maloney, the Michigan Western District judge presiding over the civil lawsuit of .....

MIDWEST INSTITUTE OF HEALTH, PLLC, 
d/b/a GRAND HEALTH PARTNERS, et al., 
Plaintiffs,

v. 

Gretchen Whitmer......

....has decided to volley this over the jurisdictional net, into the Michigan Supreme Court, to determine if Gretch the Gov can continue to extend the executive orders under the Emergency Powers of Government Act.

Well, if you do not remember, the U.S. Attorney General, Boo Boo Barr, told MIED Matt Schneider to look into Gretch the Gov to find out is her executive orders were constitutional.

So, now, you have, not just the U.S. Attorney General looking into the constitutional violations of Gretch the Gov, but you also have the issue of the seals.

See, it goes like this...

U.S. AG instructs MIED District Attorney to check out the legitimacy of Michigan Governor; where, Schiender is going to find out that the Michigan Governor is not duly elected, because he already knows, which automatically makes her executive orders unconstitutional, in many instances, where one may start with a quick review of the fake ass seal of certification to her oath of office, which means the U.S. AG will find out that the same will be found in Trump's fake ass seal of certification of his oath of office, which makes The U.S. AG illegitimate, being unduly appointed, which means the MIED District Attorney is left open to take other actions, like referring the matter to sealed grand juries in Detroit, which means we will be experiencing another layer of messies.

I bet that will suck, but, hey, what do I know?

I know Gretch the Gov is not duly elected, hence, illegitimate.

I did not even get into the Emergency Powers in Government Act being a residual of the peculiar institution of gerrymandering.

Stay tuned, because Paul Maloney may actually know what I know about JonesDay.

Federal judge asks Michigan Supreme Court to clarify Whitmer's emergency powers

GRAND RAPIDS, Mich. - 
A federal judge wants the Michigan Supreme Court to clarify some of the authority the governor has under emergency powers she has used during the COVID-19 pandemic.
On Thursday, the same day Gov. Gretchen Whitmer extended Michigan's state of emergency, Judge Paul Maloney out of the Western District asked the state's highest court to answer questions pertaining to if the governor's powers.

The request for clarification is connected to a lawsuit filed by a medical provider out of Grand Rapids after Whitmer banned non-essential procedures. However, the questions that Maloney is asking fall in line with several other lawsuits that citizens from Michigan have filed against Whitmer, including one sent by Senate Majority Leader Mike Shirkey (R-Clarklake).

After a Court of Claims judge ruled in favor of the governor, Shirkey and other parties requested the case go directly to the Michigan Supreme Court, bypassing the Court of Claims. The Supreme Court rejected the request.

The questions at play are:
  • Whether the governor has the authority to continue renewing executive orders under the Emergency Powers of the Governor Act
  • If the Emergency Powers of the Governor Act violates the Separate of Powers as written in the Michigan constitution
Republican leaders in the House and Senate declined to extend Gov. Whitmer's emergency declaration beyond April 30 after she made a request to do so, arguing some of the executive orders she has issued infringed on the liberties of residents. Whitmer decided to issue another extension anyways. GOP lawmakers later sued the governor on May 6.


While oral arguments for the Court of Appeals case are scheduled for August, the Michigan Supreme Court doesn't have to wait that long to answer questions posed by Maloney.

The state's highest court is welcome to respond to the questions but doesn't have to.

While many of the restrictions the governor put in place no longer pertain to the state's efforts to slow COVID-19 in Michigan, there are several rules regarding safety procedures and business operations that are still in place.

The federal judge's order is below:

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