JUSTICE: Michigan State Supreme Court strikes down Whitmer’s emergency powers.
In a landmark ruling with far-reaching implications, the Michigan Supreme Court decided Friday that Gov. Gretchen Whitmer violated her constitutional authority by continuing to issue orders to combat COVID-19 without the approval of state lawmakers.
The court, in its 71-page ruling, found that Whitmer did not have authority after April 30 to issue or renew any executive orders related to the pandemic under the 1976 Emergency Management Act.
The justices also found Whitmer did not possess the authority to exercise emergency powers under the 1945 Emergency Powers of the Governor Act because the act violates the Michigan Constitution.
These findings aren’t appealable to the U.S. Supreme Court, since they’re matters of state law, so this decision is final. But Whitmer doesn’t seem like she’s accepting it: “The governor said the ruling doesn’t take effect for 21 days and, even after that, her orders will remain in place through ‘alternative sources of authority.'” Maybe those armed protesters will revisit the Michigan capitol.