Michigan Supreme Court rules against @GovWhitmer's use of 1945 emergency powers law in #COVID19 pandemic, says 145 law "is in violation of the Constitution of our state because it purports to delegate to the executive branch the legislative powers of state government..."
STORY: Michigan Supreme Court's ruling throws into doubt @GovWhitmer's continued use of the 1945 emergency powers law for issuing executive orders that she has used to restrict economic and human activity since March in an effort to protect public health.
"This is a great day for the people of Michigan," @MIGOPChair Laura Cox said in a statement about 4 GOP-nominated justice striking down the Democratic governor's public health emergency powers.
JUST IN: @GovWhitmer's statement on the Michigan Supreme Court striking down her use of a 1945 emergency powers law for manging the coronavirus pandemic.
INBOX: Trump’s Justice Department and U.S. attorneys in Michigan take a victory lap in the Michigan Supreme Court striking down a law used by @GovWhitmer to issue #CoronavirusPandemic executive orders
LEDE of my column in @crainsdetroit two weeks ago aged well:
Gov. Gretchen Whitmer's ability to manage economic and human activity in Michigan to contain the spread of the novel coronavirus by the stroke of her pen appears to be waning.
UPDATE: Attorney General @DanaNessel believes the Michigan Supreme Court's 21-day rule for orders to take effect DOES apply to @GovWhitmer's #COVID19 executive orders, but she's using her "prosecutorial discretion" to not enforce it, AG spokesman Ryan Jarvi says.
JUST IN: New response from @GovWhitmer's press secretary to the Michigan Supreme Court ruling...
"Make no mistake, Gov. Whitmer will continue using every tool at her disposal to keep Michigan families, frontline workers, and small businesses safe from this deadly virus.”
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Meet Kelley Miller (left), 54, of Mulliken, Mich. Kelley was paralyzed from the neck down in a 2011 car accident. She needs a ventilator to breathe and requires 24-7 care @ home. For a decade, Michigan's auto insurance safety net for catastrophic injuries has provided that care🧵
I first wrote about Kelley Miller back in April when the impact of the Legislature's 45% cut in payments to home health care agencies that care for injured drivers came into focus.
Because her ventilator can fail, Kelley needs an RN and aide at home.
In October, 1st Call Home Healthcare in Clinton Twp. dropped Kelley Miller as a patient, citing the 45% in payments.
Two of her nurses started a new company called RN Plus Staffing, hoping to exploit a loophole in the 2019 law that sets rates based on what 2019 charges.
3/
NEW from me: A federal judge in Detroit has disqualified attorneys for @Allstate Insurance Co. and an entire law firm in an auto insurance medical bill lawsuit for their "scorched-earth tactics" and lying under oath.
Magistrate Judge Elizabeth Stafford let @Allstate's attorneys have it in a biting 28-page opinion that found one lawyer lied on an affidavit and under oath about having an unethical conversation with a pharmacist Allstate was suing over his billing. crainsdetroit.com/law/allstate-a…
Out-of-state insurance companies like Allstate, State Farm & Liberty Mutual have been using the federal RICO statute to round up groups of medical providers and accuse them of a criminal-like conspiracy to overbill insurers. Providers almost always settle, except this one... 3/
CAUTION: I'm about to write a long thread about the state of home health care in Michigan right now following the upheaval of our state's system of care for catastrophically injured motorists.
Michigan legislators, take cover...
John Wicke, the 52-year-old quadriplegic man I wrote about last week, is still living at Sparrow Hospital because his home health care agency quit because the Legislature & @GovWhitmer cut their pay by 45% on July 1.