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Thread: WTF :2019-nCoV NovaCoronaVirus Thread

  1. #286
    Moderator Dr Mordrid's Avatar
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    Many Democrats are supporting this given her dodging of the 1976 law, and her refusal to cancel her po!icy of using nursing homes for recovering CoVid-19 patients - putting the most delicate of us at risk.

    If, under the 1976 law, she needs to go to the legislature for an extension approval it can make the policy change a condition for passage - and 1/3 of Democrats are on board for killing the policy.

    https://www.freep.com/story/news/pol...rs/5780148002/

    Group tops 400K signatures to repeal Gov. Gretchen Whitmer's virus powers

    LANSING, Mich. — Michigan Gov. Gretchen Whitmer, faced with lawsuits challenging her use of emergency powers to fight the coronavirus, could continue to prevail in court.

    But she may be unable to stop a Republican maneuver that would rescind a 75-year-old law that has enabled her to issue and lift COVID-19 restrictions unilaterally. A ballot drive said Friday it was in the "home stretch" after collecting more than 400,000 signatures in just two months. Its goal is 500,000.

    If at least 340,000 signatures are deemed valid by the state elections board, the GOP-controlled Legislature would likely repeal the 1945 law rather than let it go to a 2022 public vote. The Democratic governor could not veto the initiated bill. A 1976 law, which requires legislative approval to extend a state of emergency, would remain intact.
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  2. #287
    Crabby Smurf Umfriend's Avatar
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    How does that work? If you get enough signatures there will be a referendum? The quote makes it seem as if some 400K signatures are enough to led state congress repeal the law.
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  3. #288
    Super MURCer MultimediaMan's Avatar
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    That varies from State to State: the Election Board (or The State's Department of State) handles the voting. A true Referendum will place the question on a ballot, subject to judicial approval/review as defined by the State's individual laws on Referendums. In some states it is very tightly defined, others hardly at all...

    Going OT a little (with a Cautionary Example): In California the Public Referendum is actually part of the State Constitution "4th. Pillar of Government"; As California has repeatedly demonstrated, Referendums are not always a good thing ... California law is like a Greek Tragedy after some referendums: many are declared unconstitutional because they are not fair (Constitutionally Flawed). However, some tend to stand the test of time: "Proposition 13" (hugely popular and arguably necessary at the time), led to "Ballot-box budgeting" is the poison pill which will eventually destroy that state financially unless repealed (which the legislature CANNOT DO). It was enacted over 40 years ago and has been a cancer for that state ever since. Every administration and legislature ever since was essentially crippled on how they could raise revenue fairly. This has led California to enact some legally insane laws and questionable policies to try and generate revenue to cover it's expenses. It's one of the reasons I left that State 30 years ago.
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  4. #289
    Moderator Dr Mordrid's Avatar
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    Quote Originally Posted by Umfriend View Post
    How does that work? If you get enough signatures there will be a referendum? The quote makes it seem as if some 400K signatures are enough to led state congress repeal the law.
    Michigan has quite robust direct democracy provisions in our State Constitution and legal code. Citizen petition drives can,

    Recall (remove) elected officials
    Pass legislation
    Repeal legislation
    Amend legislation
    Amend the State Constitution
    Repeal an amendment to the State Constitution
    Invoke a State Constitutional Convention to write a new Constitution, and set an election to approve or reject it.

    Depending on the initiative, signatures are gathered over 30-180 days then the signatures are validated by a non-partisan State Board of Canvassers. Petitioners try to gather more than the minimum number of signatures required to cover any signs which fail muster. Registered voters only.

    For repealing legislation 8% of the votes cast in the last State election (2018) are required, this time 340,047 signatures. They have 400,000 and hope to exceed 500,000 by the time limit.

    Once the Canvassers approve the petitions and certify the count it goes to the legislature for a vote, or it can be placed on the next State ballot (2022.)

    In this case it'll go the quicker route; a vote by the State Legislature (House and Senate), where it is likely to pass. Both houses are controlled by Republicans, and there is Democratic support.

    Once the Legislature approves the 1945 law's repeal that's it - the Governor has no veto.

    The 1976 law will become the standard (as it always should have been), meaning the Legislature gets a say over her edicts, and State of Emergency extensions must survive a vote by the Legislature.
    Last edited by Dr Mordrid; 13th September 2020 at 22:28.
    Dr. Mordrid
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  5. #290
    Moderator Dr Mordrid's Avatar
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    A Federal judge in the Western District of PA has declared business shutdowns, gathering size limits, and stay-at-home orders unconstitutional.

    Not the last we'll hear of this (it'll be appealed federally, and the MI Supreme Court is also hearing this).

    Found a law office which posted specifics the news media omitted.

    https://blog.princelaw.com/2020/09/1...onstitutional/

    In a decision just issued in County of Butler, et al. v. Governor Wolf, et al., Judge William Stickman, IV of the U.S. District Court for the Western District of Pennsylvania has ruled that

    (1) the congregate gathering limits imposed by Defendants’ mitigation orders violate the right of assembly enshrined in the First Amendment;

    (2) that the stay-at-home and business closure components of Defendants’ orders violate the Due Process Clause of the Fourteenth Amendment; and

    (3) the business closure components of the Defendants’ orders violate the Equal Protection Clause of the Fourteenth Amendment."
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  6. #291
    Moderator Dr Mordrid's Avatar
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    https://www.cnbc.com/2020/09/18/mode...-2020-end.html

    Moderna expects to make 20 million doses of coronavirus vaccine by 2020 end

    KEY POINTS


    • Moderna said it is on track to produce 20 million doses of its experimental coronavirus vaccine by the end of the year.

    • The drugmaker is maintaining its goal of readying 500 million to 1 billion doses in 2021.

    • Moderna had enrolled 25,296 participants out of a planned 30,000 in its late-stage study as of Wednesday.
    >
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    The Centers for Disease Control and Prevention anticipates that 35 million to 45 million doses of vaccines from the first two companies to receive authorization will be available in the United States by the end of this year.

    Moderna plans to seek emergency authorization for its vaccine’s use in high-risk groups if it proves to be at least 70% effective, its chief executive officer told Reuters earlier this week.
    Dr. Mordrid
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    An elephant is a mouse built to government specifications.

    I carry a gun because I can't throw a rock 1,250 fps

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