Michigan Court of Claims Rules in Favor of Whitmer in Lawsuit Filed By Legislature
The Michigan Court of Claims ruled in favor of Governor Gretchen Whitmer in a high-stakes challenge from Republican lawmakers who sued over her authority to declare emergencies and order sweeping restrictions during the coronavirus outbreak.
The Legislature argued Gov. Whitmer overstepped her authority when she unilaterally extended a state of emergency for Michigan after it refused to.
A judge said a 1945 law cited by Whitmer is not limited to local and regional emergencies only.
The House and Senate, which are controlled by Republicans, did not extend Whitmer’s disaster emergency declaration in late April but she acted anyway.
The judge says the executive orders are constitutionally valid and the governor has the right to declare them.
However, the judge did say the governor violated a State of Emergency Act by declaring the 28 day emergency twice.
The judge says it could not be re-declared and should have ended or continue with legislative approval, but the House and Senate did not argue that act.
They argued the emergency powers of Governor Whitmer and the judge ultimately sided with the governor.
The case could be appealed all the way up to the state Supreme Court, but that has yet to happen.