Finally, Freedom in Michigan
“If the provisions of the Constitution be not upheld when they pinch as well as when they comfort, they may as well be abandoned.”
— Justice George Sutherland (1862 to 1942)
Late last week, the Supreme Court of Michigan — the state’s highest and final court — invalidated the pandemic executive orders of Gov. Gretchen Whitmer as well as the statute on which she based those orders. The opinion was a sweeping victory for personal liberty in a free society and was exceptionally gratifying for those of us who believe that the U.S. and state constitutions mean what they say.
Whitmer’s orders were the most draconian in the union, and numerous efforts to dislodge them in state courts had failed until three primary care physicians sued the governor in a federal court in Michigan. The federal judge to whom the case was assigned certified questions of law to the Michigan Supreme Court. This is a rarely used procedure that federal judges employ when they need to know how a state court of last resort will rule on a question of state law.
Under our federal system, the state court of last resort — not the U.S. Supreme Court — has the final say on the meaning of the state’s constitution and the laws written pursuant to it. The Michigan Supreme Court accepted the certification, meaning it agreed to inform the federal judge what the relevant clauses of the Michigan Constitution mean and whether the statute on which the governor relied is constitutional. In so doing, it ruled that the Michigan statute in question was unconstitutional and thus the governor’s executive orders are void.
Here is the backstory.
Whitmer made herself a one-woman government when she purported both to write the laws during the early days of the pandemic and to enforce them. She did so in a staggering
Article from LewRockwell