Legalectric

It’s a big win for Michigan’s Gov. Whitmer and her state of emergency Executive Orders. Over and over we’ve been hearing cries of “Stay Home is a violation of my constitutional rights,” “I need a haircut,” “Open golf courses” and other nonsense. On April 23, 2020, yahoos sued about that, looking for an injunction and an end to the Governor’s declaration of a state of emergency status which shut down much of the state, and last week, the decision came out DOH! No violation of constitutional rights.

This gets directly to the parts that stick in my craw, the “I need a haircut” crowd, who think that their needs are a higher priority than protection of the community. It’s all about balancing rights with the public interest:

Binding authority from the United States Supreme Court and the Michigan Supreme Court compels this Court to conclude that plaintiffs do not have a substantial likelihood of success on the merits. This is not because the rights asserted by plaintiffs are not fundamental—being forced (with some important exceptions) by the state to remain in one’s home, in turn causing many residents to be unable to work, visit elderly relatives, and to generally move about the state. But those liberty interests are, and always have been, subject to society’s interests—society being our fellow residents. 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.

Public safety prevails. Take a few minutes, read the decision.