American Military News by Laura Widener April 30, 2020
Judge declares ‘constitutional rights not absolute’ in upholding Michigan stay-home order
A Michigan judge has refused to block Gov. Whitmer’s stay-home order, which he deemed as “necessary†and constitutional despite admitting its infringement on constitutional rights.
Court of Claims Judge Christopher Murray ruled on Wednesday against a lawsuit brought by five Michigan residents who argued that the order was abusive and a violation of rights of due process. “Most, if not all, individual constitutional rights are not absolute and are subject to a balancing with the countervailing state interest,†Murray declared in justifying the order.
“It is true that this measure is a severe one, and greatly restricts each of our liberties to move about as we see fit, as we do in normal times,†Murray admitted. “But the governor determined that severe measures were necessary, and had to be quickly implemented to prevent the uncontrolled spreading of the virus.â€
Murray justified the infringement of rights by describing the order as temporary and in the public’s interest.
“Those liberty interests are, and always have been, subject to society’s interest —society being our fellow residents. They — our fellow residents — have an interest to remain unharmed by a highly communicable and deadly virus,†Murray wrote.
More:
https://americanmilitarynews.com/2020/04/judge-declares-constitutional-rights-not-absolute-in-upholding-michigan-stay-home-order/
