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Wolverine
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BY JUSTIN WISE - 04/30/20 09:23 AM EDT

A Michigan court on Wednesday ruled that Gov. Gretchen Whitmer's (D) stringent stay-at-home order in response to the coronavirus outbreak does not violate residents' constitutional rights, denying a motion for a preliminary injunction.

A group of five Michigan residents filed a lawsuit against the governor and other state officials claiming that the quarantine measures infringed on their constitutional rights to procedural and substantive due process. They also alleged that the state's Emergency Management Act was unconstitutional.

The Michigan Court of Claims rejected both allegations, ruling that an injunction against Whitmer's order would not serve the public interest, "despite the temporary harm to plaintiffs’ constitutional rights."

"Although the Court is painfully aware of the difficulties of living under the restrictions of these executive orders, those difficulties are temporary, while to those who contract the virus and cannot recover (and to their family members and friends), it is all too permanent," Court of Claims judge Christopher M. Murray wrote.

The outbreak of the coronavirus has led to a number of stay-at-home orders throughout the nation, as governors work to implement measures to slow the spread of the disease.

Whitmer first issued social-distancing restrictions on March 24, suspending all activities "not necessary to sustain or protect life."

She has since extended the order through May 15. Though the latest directive allows for some nonessential businesses to begin reopening.

The state's restrictions have been met with outrage from some residents, and President Trump earlier this month voiced support for those protesting Whitmer's order. Protestors descended on the governor's home last week to voice opposition to the executive actions.

In his ruling, Murray noted that the interests of "liberty" that the plaintiffs spoke of are "and always have been, subject to society’s interests."

"They — our fellow residents — have an interest to remain unharmed by a highly communicable and deadly virus, and since the state entered the Union in 1837, it has had the broad power to act for the public health of the entire state when faced with a public crisis," he wrote.

Michigan's health department has reported more than 40,300 confirmed cases of COVID-19, the disease caused by the coronavirus, and 3,670 deaths from the virus.

Attorney General Dana Nessel cited those statistics in a statementfollowing the Michigan court's decision.

"The primary goal of the Stay Home, Stay Safe order has always been to protect human life," Nessel said.

Despite the protests and lawsuit polling in the state shows a majority of the state's residents support the governor's handling of the outbreak.

Other polls have also shown a vast majority of Americans back stay-at-home orders like the one issued by Whitmer
https://thehill.com/homenews/state-...governors-stay-at-home-order-does-not-violate
 

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While I agree that staying at home for the majority of the public would be the best thing concerning any virus, it isn’t possible nor practical for everyone.

Where do the “homeless” stay?

( or anyone else with a nomadic situation)

There would be a larger consensus that would be for stay at home orders or suggestions had the details been both logical and suitable to the situation.

Unfortunately it became about power, money, and politics, less about the virus.

seeds and car seats were not banned.


Misinformation is still being spread as gospel.
 

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A swamp dude
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We’ll probably see lots of cases challenging authority to restrict public activities to prevent the spread of COVID-19. If many court rulings follow this Michigan case, I’m sure popular reaction here will be ‘The sky is falling’.

AG Barr recently stated that “The Supreme Court has long held that Constitutional rights can be lawfully restricted when emergency public health measures are in place, though the precise scope of government public health power is not clearly defined”.

Testing the scope of government power to stop COVID-19 will be interesting, indeed.
 

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Actually, that is not the ruling in spite of the headline. It is a ruling against issuing a preliminary injunction. I understand that to mean it is not, on the face, clear which way the court will rule and an injunction may cause permanent harm (deaths), while not issuing only causes temporary harm to the plaintiffs rights.
This is a low level judge, this case will go a lot higher, if allowed. I expect at some point it may be ruled moot as the crisis passed and restrictions lifted. It may be ruled moot, but it should not. As this needs to set precedent, while a moot ruling will not.
 

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The issue not dealt with, and how could it possibly be dealt with is:

"is this an emergency?"

And this is the evil outcome from this whole Wuflu lockdown experiment.

I fear this experiment will embolden leftists to do this again and again whenever a case of the crud is making it's rounds and it's politically convenient to trash the economy.
 

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What are exceptions? IIRC drive to clear mind qualifies?
So if you want to drive 80 miles because this store has better Kemp’s milk. ;). Or a sale.
So the “game” is to have a destination in mind.
 

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In his ruling, Murray noted that the interests of "liberty" that the plaintiffs spoke of are "and always have been, subject to society’s interests."
Where do we get these idiots?
 

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We're headed towards an "Irish Democracy"... After a while, citizens will just ignore all forms of authority and enforcement. The result of ruling class incompetence and gross obstruction of liberty and the constitution. It's about time.
 

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A swamp dude
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"is this an emergency?"

And this is the evil outcome from this whole Wuflu lockdown experiment.

I fear this experiment will embolden leftists to do this again and again whenever a case of the crud is making it's rounds and it's politically convenient to trash the economy.
Republican governors I’ve watched most closely, in Florida and Indiana, seem to have taken the virus very seriously and are reopening the economy cautiously. Are our Republican governors complicit in this evil experiment?
 

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I don't understand what the specific scope of the protest is. Looks like there are a number of exceptions to the order, so it's not a literal order to stay at home.
 

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Republican governors I’ve watched most closely, in Florida and Indiana, seem to have taken the virus very seriously and are reopening the economy cautiously. Are our Republican governors complicit in this evil experiment?
the evil outcome I referred to is that they may try this again with any crud that arrives our shores, whether it is dangerous or not. I dont recall lockdowns for the bird flu. but they might do that if we have another similar flu. Because you know, if we can just save 1 life...
 

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In his ruling, Murray noted that the interests of "liberty" that the plaintiffs spoke of are "and always have been, subject to society’s interests."
That one statement tells you this person does not understand how a republic works. Individual rights are always respected, even beyond society’s interests. That’s the entire point of the Bill of Rights.
 

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Courts have consistently ruled in favor of broad governmental powers during pandemics or other serious public health events. This is long established case law. Some inconsistencies like letting Alcohol shops be open while restaurants must close might be struck down but the overall power of the government to close business and tell people to stay home will remain.
 

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I’m not generally a conspiracy theorist, but you can bet your bottom dollar that our enemies, foreign and domestic, are taking copious notes.
 

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yeah, and the large majority are domestic
 
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