Governor Gretchen Whitmer picked up a legal victory on Thursday as a Court of Claims judge ruled that she did not abuse her authority by issuing emergency orders, including the Stay at Home order, without legislative approval.
Judge Cynthia Stephens ruled that Whitmer has the authority under a 1945 law to issue the orders. Stephens also ruled that Whitmer exceeded her authority when she tried to use a 1976 law to issue her orders. That law, Stephens said, does require legislative approval.
Republicans in the state house and senate sued Whitmer nearly three weeks ago, saying that the governor should not be able to issue orders without consulting the lawmakers who citizens elected to represent them.
The governor’s office issued this statement:
“Today’s decision recognizes that the Governor’s actions to save lives are lawful and her orders remain in place. She will continue to do what she’s always done: take careful, decisive actions to protect Michiganders from this unprecedented, global pandemic. We owe it to our front line heroes who have been putting their lives on the line to pull together as a state and work as one team to stop the spread of this virus.”
Michigan Attorney General Dana Nessel was also pleased.
“We’re still reviewing the opinion but I’m pleased that the Court acted quickly to clarify legal issues of significant importance to the people of this State. With this clarity, it’s my hope that our public officials and residents can move forward with confidence that the Governor has acted in accordance with the authority provided to her under the Emergency Powers of the Governor Act. It’s time for us all to focus on the health and safety of the People in this State rather than fighting against each other in unnecessary legal battles in our courts.”
Republicans vowed to appeal to the Michigan Supreme Court.
“While we are disappointed by aspects of this determination, we are vindicated in our assertion that the Governor acted unlawfully in attempting to extend the states of emergency and disaster under the Emergency Management Act without legislative approval,” said Senate Majority Leader Mike Shirkey (R-Clarklake). “We are confident in our position and will appeal this ruling.”
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