Mitchell Suing Whitmer in Federal Court

Republican Congressman Paul Mitchell is suing Michigan Governor Gretchen Whitmer in federal court, claiming many of her recent actions violate the Constitution. The suit was filed in U.S. District Court for the Western District of Michigan.

Mitchell’s lawsuit challenges the Governor’s declaration of a State of Emergency without legislative approval, and her use of executive orders. The lawsuit also names Michigan Health Department director Robert Gordon as a defendant for issuing an emergency order under the public health code requiring everyone in Michigan to comply with the Governor’s “Stay Home, Stay Safe” executive order and for issuing the rule establishing a $1,000 fine for violating that order.

Governor Whitmer has cited a 1946 state law that she says gives the governor sole authority to decide when an emergency has ended. Republicans in the legislature cite a 1975 law limiting a governor’s emergency declaration to 28 days without legislative approval. The “Stay Home, Stay Safe” order is now in place until May 15th.  The Legislature has passed a resolution allowing legislative leaders to sue the Governor in state court over her use of emergency powers.

Reporting for WGRT – Marty Doorn