A Michigan court has ruled in favor of Gov. Gretchen Whitmer in a lawsuit brought by Republican state lawmakers over her coronavirus stay-home order.
The Legislature did not extend Whitmer’s emergency declaration in late April but she acted anyway, covering her bases by using the ’45 law and a 1976 statute.
The Legislature said Whitmer violated the ’76 law, which says lawmakers get a role in emergency declarations after 28 days. Indeed, the judge said the governor can’t use that law to extend emergencies without input from lawmakers. But Whitmer won the case anyway. Stephens’ decision was a third time that a Court of Claims judge has ruled in the governor’s favor. The other lawsuits were brought by residents, a business owner and a new group that has organized protests at the Capitol.
The House and Senate plan to appeal. Republican leaders took some comfort that the judge said Whitmer can’t use the ’76 law to unilaterally make emergency declarations.“She will continue to do what she’s always done: take careful, decisive actions to protect Michiganders from this unprecedented, global pandemic,” Whitmer’s office said in a written statement.
Meanwhile, Whitmer has been rolling back restrictions on the economy as new virus cases and deaths slow down. Bars and restaurants in northern Michigan can reopen Friday morning, and a ban on certain medical procedures will be lifted next week.Similar legal challenges have occurred in other states.
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