In an extraordinary decision today, and saying that Michigan Governor Gretchen Whitmer’s pandemic-related executive overs after April 30th “lack any basis under Michigan law,” the Michigan Supreme Court has this afternoon ruled that the governor essentially exceeded her powers.
The 4-3 vote by the high court in Michigan rules that Whitmer’s authority to declare a State of Emergency related to the coronavirus pandemic after April 30th fell by the wayside when Michigan’s legislative branch declined to extend that authority.
All along Whitmer has said she was invoking the 1945 Emergency Powers of the Governor Act in Michigan in order to keep extending the State of Emergency, while also issuing dozens of additional executive orders variously either advancing or retracting various restrictions she says were necessary to prevent the spread of COVID-19 any further in Michigan.
The Michigan Supreme Court ruling today contends that the 1945 law essentially constitutes an unconstitutional delegation of lawmaking authority from the Legislative Branch to the Executive Branch of state government.
Immediately following the ruling by the court, Michigan Republican Party Chairman Laura Cox issued the following statement in response:
“This is a great day for the people of Michigan. The court rightly recognized that the constitution gives the legislature a role to represent the people of this state. Governor Whitmer overexerted her powers. The legislature wants to be a willing partner in dealing with COVID-19 and Governor Whitmer should recognize their duly delegated role.”