A Warning From Michigan

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https://www.theatlantic.com/ideas/archive/2020/10/america-will-be-michigan-soon/616635/

A Warning From Michigan

The state previews how far Republican judges will go to obstruct Democrats in office.

OCTOBER 7, 2020
Nicholas Bagley
Law professor at the University of Michigan

Michigan Supreme Court invalidated a law that had empowered a historically popular Democratic chief executive to take emergency actions to combat COVID-19. The basis for the decision was an antiquated doctrine that conservatives on the United States Supreme Court have signaled they want to revive.

That brazen ruling in Michigan previews where the U.S. Supreme Court might take the country, especially with the breathing room that a 6–3 conservative supermajority would create. Although the news media have mostly focused on what a Justice Amy Coney Barrett would mean for abortion and gun rights, her confirmation may pose a more fundamental threat to good governance. The United States Supreme Court, like the Michigan Supreme Court, may become an even more stridently partisan instrument than it already is, one that by design will frustrate Democratic efforts to govern.

Like other governors around the country, Michigan’s Gretchen Whitmer declared a state of emergency in March and enacted aggressive emergency measures to fight COVID-19. Those efforts found support in two separate laws, one of which—the Emergency Powers of Governor Act—was adopted in 1945.

By mid-June, statewide cases had dropped to fewer than 200 a day from a peak of more than 1,600. A study out of Imperial College London and the University of Oxford suggested that Whitmer’s efforts saved as many as 74,000 lives. (Full disclosure: I served as special counsel to Whitmer on her COVID-19 response and aided in drafting many of her executive orders.)

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[SharonAnn]

1. Great explanation of why this is important. Thanks for posting.