Gov Gretchen Whitmer

Michigan Supreme Court Rules Whitmer’s Use of Emergency Powers Unconstitutional

The Michigan Supreme Court ruled that Governor Whitmer’s use of emergency powers without the approval of the state legislature is unconstitutional.

In a press release from the Governor’s office, Whitmer said, “Today’s Supreme Court ruling, handed down by a narrow majority of Republican justices, is deeply disappointing, and I vehemently disagree with the court’s interpretation of the Michigan Constitution. Right now, every state and the federal government have some form of declared emergency. With this decision, Michigan will become the sole outlier at a time when the Upper Peninsula is experiencing rates of COVID infection not seen in our state since April.”

She also noted in the press release that because the ruling doesn’t take effect for at least 21 days, the current emergency declarations in place are still relevant and “retain the force of law”.  Like many of the orders put in place by the Governor, there is disagreement about exactly how this ruling will be enforced. It does seem clear, however, that the Governor is now encouraged, if not required, to work with the legislature on any future emergency orders related to COVID-19.

Reporting for WGRT – Jessie Wiegand