Michigan Court of Claims Judge Hears Arguments in Lawsuit Against Gov. Whitmer
Lawyers for Governor Gretchen Whitmer and the Michigan Legislature met in the Court of Claims Friday morning.
The two sides wrapped up their arguments over the governor’s executive orders power just after 11 a.m.
Republicans say Governor Whitmer overstepped her power with executive orders during the pandemic.
The issue is there are two laws on the books that are clashing: One says she needs legislative approval to enforce executive orders, and another that says she does not.
In the hearing the judge asked the Legislature lawyer if there is a second wave of COVID-19 in the fall, would the governor be able to issue another emergency declaration without approval.
The Legislature attorney say a 1945 Emergency Powers Act was for local emergencies, not statewide ones.
The Legislature side says there is no disputing this is a disaster, but that the governor and any future governor is removing lawmakers from such an important decision.
The Court of Claims judge says they would be getting her decision in writing.
The lawsuit asks the judge to make a speedy decision but it’s believed no matter the ruling, it will be appealed and eventually sent to the state Supreme Court.