LANSING, MI (WKZO AM/FM) — The Michigan Supreme Court is striking down months of orders by Governor Gretchen Whitmer, but that doesn’t mean the emergency declarations are completely gone.
On Friday, they ruled that it was unconstitutional that the governor used a 1945 law to respond to the coronavirus pandemic, implementing restrictions like masks requirements, capacity limits, business closures, and more. The ruling also came on the same day where 539,000 signatures were submitted to repeal the 1945 Emergency Powers of the Governor Act.
The ruling over the 1945 law was split at a 4-3 vote, with Republican-nominated justices ruling that the act unlawfully delegated legislative power to the governor.
Despite the ruling, all of the executive orders are not being thrown out the window just yet. The orders do remain in effect for at least 21 days. “Furthermore, after 21 days, many of the responsive measures I have put in place to control the spread of the virus will continue under alternative sources of authority that were not at issue in today’s ruling,” Governor Whitmer said in response to the decision.
Republican legislative leaders applauded the ruling. House Speaker Lee Chatfield said, “This is a giant win for the people of Michigan and for the democratic process. The people of this state have been denied a voice and a seat at the table in decisions that have impacted every facet of their lives and their futures over the past eight months. They deserve to have their representatives bring their voice and their concerns into this decision-making process.”
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The full statement from the governor is below:
“Since the beginning of this crisis, I have done everything in my power to protect our seniors, small businesses, and first responders from the worst public health emergency in over a century. Thanks to the hard work of millions of Michiganders who sacrificed and did the right thing, we have saved thousands of lives and laid the foundation for a strong economic recovery. But COVID-19 still poses a clear and present danger to the people of Michigan, our economy, and our way of life.
“This virus has now killed more Michiganders than World War I. It is a novel virus for which there is no cure, and which has infected the President of the United States, members of the United States Congress, and Legislators across our state. This virus continues to take the lives of Americans every single day, and without a cure or approved vaccine, that will continue for the foreseeable future.
“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.
“It is important to note that this ruling does not take effect for at least 21 days, and until then, my emergency declaration and orders retain the force of law. Furthermore, after 21 days, many of the responsive measures I have put in place to control the spread of the virus will continue under alternative sources of authority that were not at issue in today’s ruling.
“I know this is hard. We all want this crisis to be over, and we all want life to return to normal as soon as possible. But the only way we will get through this is by pulling together as Americans and working as one nation to defeat this virus. That means wearing a mask, washing your hands frequently, and maintaining six feet of physical distancing. Michiganders have grit, and there is no challenge we can’t meet.
“I want the people of Michigan to know that no matter what happens, I will never stop fighting to keep you and your families safe from this deadly virus.”
