The Michigan Court of Appeals voted 2-1 on Friday to deny the Republican Legislature’s lawsuit which contends that Governor Gretchen Whitmer has abused her power by issuing continuing executive orders without their approval.
The decision sets up a battle in the Michigan Supreme Court, which has set Sept. 2 for oral arguments.
The two judges ruled that the governor is within her rights to continue operating under a 1945 law to repeatedly extend a state of emergency, which she has used to issue 166 executive orders through Thursday,
The governor was pleased.
“Today the Court of Appeals handed the governor a complete and decisive win in her efforts to protect the people of Michigan from this once-in-a-lifetime global pandemic. This decision recognizes that the Governor’s actions to save lives are lawful and her orders remain in place.”
“As the Court concluded: “[T]he Governor’s declaration of a statement of emergency, her extensions of the state of emergency, and her issuance of related EOs clearly fell within the scope of the Governor’s authority under the EPGA.” (p. 21). She will continue to do what she’s always done: take deliberate, measured actions to protect Michiganders from this unprecedented threat.”
“This lawsuit is a dangerous and costly attempt to take away the governor’s power to respond to the COVID-19 emergency and save lives. We owe it to our frontline 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 House Speaker Lee Chatfield (R-Levering) vowed to fight at the Supreme Court.
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