The governor does not have authority under either of the state’s emergency statutes to continue the coronavirus state of emergency, the Michigan Supreme Court ruled in questions related to a federal case on Friday.Two laws -- the Emergency Management Act from 1976 and the Emergency Powers of the Governor Act from 1945 -- govern how states of emergency are declared and handled in Michigan.
Neither, the court found, gave Gov. Gretchen Whitmer the authority to continue declaring states of emergency or issuing unilateral orders under them past April 30, when her initial declaration would have expired.
However, it appears there will still be local battles at the county and municipal level, as there were in Wisconsin.
A State Supreme Court ruling that says Gov. Gretchen Whitmer overstepped her bounds in the fight against COVID-19 doesn’t sit well with Ingham County’s top health officer.Linda Vail told News 10 the court’s ruling that appears to void Whitmer’s executive orders made past April 30 could cause chaos for health departments throughout the state.
“I’m still really in shock in terms of what (the ruling) means from a public health perspective,” Vail said.
No matter what the fallout is from the court’s ruling, Vail said she will continue to enforce Ingham County orders that limit capacity at bars and restaurants.
Mississippi and Florida have loosened some mask restrictions, but other restrictions remain in place. It appears that Florida Catholic dioceses have generally reopened mass since May, though they still require masks, and they haven't lifted the dispensation from attending mass.
The 3rd U.S. Circuit Court of Appeals said Thursday that the Wolf administration’s coronavirus mitigation gathering limits -- 250 people at outdoor events and 25 at indoor ones -- are back in play again while the appeal process works itself through the court system. The news comes after U.S. District Judge William Stickman IV said in mid-September that the gathering limits were unconstitutional.This Youube gives the current status of the case for Godspeak Calvary Chapel in Newbury Park, CA It appears that its situation is very similar to that of Grace Community Church in Los Angeles, where both are technically "in contempt", but the judges are suspending penalities until the cases are tried sometime next year. Both judges see constitutional issues, and my guess is that both see the current legal environment as very fluid, as yesterday's Michigan decision illustrates.
However, not all the news on this front is good. For Harvest Rock Church in Pasadena, Liberty Counsel reports,
The Ninth Circuit Court of Appeals issued a 2-1 decision in a case brought by Liberty Counsel on behalf of Harvest Rock Church and Harvest International Ministry denying an emergency injunction pending appeal against California Gov. Gavin Newsom’s unconstitutional orders. The Court of Appeals heard oral argument on September 21.Worse, North Valley Baptist Church in Santa Clara, CA surrendered to county health department demands in the face of mounting fines and ceased indoor services:Judges Rawlison and Christen issued a short four-page order, and Judge O'Scannlain issued a 15-page dissent. O’Scannlon would have granted the emergency injunction pending appeal. Tomorrow, Liberty Counsel will file its brief on the merits of the request for an injunction which the Court of Appeals will set for another date once briefing is complete. Today’s ruling was only on the emergency injunction pending appeal and the Court will later hear arguments on the merits of the case requesting a preliminary injunction.
In a video posted earlier this month, [Pastor Jack] Trieber complained that the church now owed the county an astonishing $52,750, according to a bill he showed on camera — and there would be more to come if the church kept refusing to accept the reality of the virus.The overall situation seems more fluid, with different states having increasingly divergent COVID regimes. It remains to be seen how Catholic dioceses will respond to the Michigan decision, though the exmple of Wisconsin suggests it will take them some months to lift the dispensation on mass attendance, and dioceses in other states with generally loose restrictions still haven't lifted the dispensation.. . . Officials kept adding to their ever-growing list, sometimes issuing multiple five-thousand-dollar fines in a single day due to the church’s multiple services.
And now, only after the bill sits at $112,750 — which the county says the church must pay — has Trieber finally caved.
And California, while gradually loosening restrictions on indoor malls, nail salons, and other businesses, still hasn't allowd churches to hold indoor services in most counties.
