LANSING, MI (WTVB) – The Michigan Court of Appeals gave Gov. Gretchen Whitmer a legal victory on Friday as they rejected a lawsuit filed by Republican leaders in the State Legislature.
On a 2-1 ruling, the court determined her emergency declarations and orders to curb the coronavirus were within the scope of her legal powers.
The court’s ruling upheld a decision by a lower court.
State House Speaker Lee Chatfield tweeted that the court got it wrong and said the decision will be appealed to the state Supreme Court. He went on to say, “Our Constitution is clear, and separation of powers is real. No Governor, Republican or Democrat, can have unilateral control over a state based solely on their judgment. This precedent is extremely dangerous.”
Judge Jane Market wrote in a opinion joined by Judge Kirsten Frank Kelly, “We conclude that a governor has the authority to declare a statewide emergency and to promulgate reasonable orders, rules and regulations during the pendency of the statewide emergency as deemed necessary by the governor, and which the governor can amend, modify, or rescind. Additionally, a declared statewide emergency only ends upon the governor’s declaration that the emergency no longer exists. That has yet to occur in the instant case.”
The lawsuit was filed after Whitmer extended the state of emergency and the state of disaster in Michigan in late April until May 28 after the House adjourned without approving the extension which was proposed by the governor.
In taking her action, Whitmer used the Emergency Powers of the Governor Act of 1945 and the Emergency Management Act of 1976.
State Senate Majority Leader Mike Shirkey said at the time, “our Governor broke the law by unilaterally extending the emergency declaration…after the legislature did not extend it.”
The court turned down a contention from Chatfield and Shirkey that the 1945 law only allows a governor to indefinitely extend local emergencies, not ones that are statewide.
(reporting from Jim Measel)
