Big setback for conservatives who claimed otherwise.
Gretchen wins.
Five Michiganders filed a lawsuit against the "mandatory quarantine."
www.mlive.com
Judge is a liar. Or an incompetent stooge.
Based on the the coronavirus impact on the state, including the death toll, sounds reasonable to me, but i am not in Michigan. Are you?
Constitutionality is not supposed to be decided by what state you're in.
Interesting conundrum. If a power is not given to the Federal government, and not excluded from the States, then the power is in the State. I'm against the mandatory lockdowns but I haven't heard any good arguments to indicate that the US Constitution bans them. Perhaps there's a right to be argued based on the 9th or due process clause of the 14th - due process perhaps being a positive medical test - and this is the argument that the plaintiffs made. But then, how is a private industry test due process for government intervention in our lives? So what would be appropriate due process?
So, maybe it really is decided by which State you're in and what the State constitution allows.
In Michigan's court case, the judge actually ruled that the lockdown "does temporary harm to the constitutional rights of Michigan residents" but, she claimed, the harm done doesn't outweigh the benefits of the lockdown. This argument, and I see Michigan lawyers and others making the same claim, means that the Constitution of the States and of the United States are nothing more, to the Courts, than a guideline that can be infringed any time the government thinks it is in the best interest of the greater community.
They're wrong, of course. Since it is the Constitution that creates and empowers government, they can absolutely NOT have any more power than that granted in the relative constitutions except through usurpation and tyranny.
And the premise of this thread is a lie. The judge did not rule that the ban was constitutional. She admitted that the ban violates the constitutional rights of Michiganders but she just doesn't give a shit about their constitutional rights.