The Michigan legislature on Thursday refused to extend the governor’s emergency declaration, allowing them to expire at midnight.
But Governor Gretchen Whitmer issued a new executive order Thursday night that extends the state of emergency an extra 28 days, and she says she does not need the legislature’s approval to do so. She said that it’s obvious that Michigan is still facing an emergency situation because of the coronavirus.
House Speaker Lee Chatfield (R-Levering) had warned earlier Thursday that Republicans would file a lawsuit against the governor for exceeding her authority.
“COVID-19 is an enemy that has taken the lives of more Michiganders than we lost during the Vietnam War,” Whitmer said. “While some members of the legislature might believe this crisis is over, common sense and all of the scientific data tells us we’re not out of the woods yet. By refusing to extend the emergency and disaster declaration, Republican lawmakers are putting their heads in the sand and putting more lives and livelihoods at risk. I’m not going to let that happen.”
“Today I signed new emergency and disaster declarations using independent sources of statutory authority to make sure our health care workers and first responders have the tools they need to save lives and protect Michiganders,” said Whitmer. “We’re all in this together. Defeating COVID-19 is an all hands on deck moment for our state, and I remain hopeful that Republicans in the legislature will stop the partisan games and start working with me to re-engage our economy safely and responsibly.”
Whitmer says that she doesn’t need the legislature’s approval, citing a 1945 law that gives her broad powers in times of crisis, with no time limits. But Republicans in the House and Senate say that this law is no longer valid, having been replaced by a 1976 law that allows the governor a maximum of 28 days.
That does not extend the Stay at Home order, which is currently scheduled to expire on May 15.
State representative Beau LaFave (R-Iron Mountain) says the state house passed separate legislation that would provide protections from liability for emergency workers, as well as extend unemployment benefits and continue restrictions on large gatherings. Several of the governor’s other executive orders, like one temporarily outlawing rental evictions, would also stay in place as part of state law.
But the bills passed Thursday would not extend the governor’s State At Home order, which Republicans say should be loosened, and implemented on a regional basis. Right now, the governor’s order has restaurants closed to in-person dining, and other businesses like bars, barber shops, and fitness gyms remain closed.
LaFave says the conditions in Detroit are not the same as they are in the Upper Peninsula, and U.P. businesses can be trusted to re-open safely. The governor has argued that a spike in cases here in the U.P. could overwhelm hospitals that don’t have the capability to handle a flood of sick people.
“I don’t see how the governor expects the Legislature to give her another month or more of blanket authority when there are so many problems and unanswered questions out there already,” LaFave said. “When the COVID-19 crisis began, Michigan families did their part in adhering to the stay-at-home order and listening to the advice of medical professionals to mitigate the spread of the virus.”
“Even at the apex of the outbreak, U.P. hospitals were at no more than 1/6th capacity. Data shows the case curve flattened, and that it’s time we get back to work – safely – while continuing certain COVID-19 protections that are still needed moving forward. We cannot continue this shutdown forever, nor can we continue to have zero checks and balances in state government.”
Whitmer says she’s trying to balance public health with economic needs. She’s agreed to allow golf courses to re-open, as well as landscaping companies, and has taken away some other restrictions that had been in place on what certain businesses can and cannot sell.
Construction companies can start working again on May 7th, under an executive order the governor plays to sign on Friday.
But the legislature says that no governor should be able to unilaterally require that people stay in their homes, and tell businesses to stay closed, without input from the legislative branch.
“We have tens of thousands of Upper Peninsula residents currently out of work and coping with the challenges of unemployment. They’re frustrated they cannot provide for their families, and they’re sick and tired of the governor holding them to the same restrictions as the city of Detroit. These people deserve answers from the governor and her administration and they’re not getting them. All they are getting is a governor who is asking for extensions on restrictions that keep them in unemployment despite our state’s unemployment system being a total failure.”
“The Legislature continues to hound the governor for more information on COVID-19 to help understand some of the actions she has taken or is recommending, but she fails to follow through on sharing it. This leaves us only to believe her restrictions are arbitrary. Extending the governor’s unilateral powers just to extend them was not what I was sent to Lansing to do. The governor needs to demonstrate more accountability and transparency, and partner with the Legislature to continue protecting public health while getting our economy back on track.”
Whitmer vowed to veto the legislation that passed on Thursday.
In a statement, Whitmer said that she “will not sign any bills that constrain her ability to protect the people of Michigan from this deadly virus in a timely manner.”
Comments