(WWJ) Michigan Gov. Gretchen Whitmer can keep her emergency powers during the coronavirus pandemic under a new ruling.
The State Court of Appeals ruled two-to-one on Friday to uphold a lower court ruling that allows the governor to extend the State of Emergency and continue issuing executive orders.
Republican legislative leaders filed a lawsuit against Whitmer, challenging the governor's interpretation of the 1945 Emergency Management law, and alleging that Whitner has been overstepping her authority.
Whitmer's office hailed the ruling as a victory for the governor.
"Today the Court of Appeals handed the governor a complete and decisive win in her efforts to protect the people of Michigan from this once-in-a-lifetime global pandemic. This decision recognizes that the governor's actions to save lives are lawful and her orders remain in place," reads the statement from Whitmer's Press Secretary, Tiffany Brown.
The statement continues: "As the court concluded: '[T]he governor's declaration of a statement of emergency, her extensions of the state of emergency, and her issuance of related EOs clearly fell within the scope of the governor's authority under the EPGA.' (p. 21). She will continue to do what she's always done: take deliberate, measured actions to protect Michiganders from this unprecedented threat. This lawsuit is a dangerous and costly attempt to take away the governor's power to respond to the COVID-19 emergency and save lives. We owe it to our frontline heroes who have been putting their lives on the line to pull together as a state and work as one team to stop the spread of this virus."
Whitmer's political rivals are unhappy with some aspects of her handling of the COVID-19 pandemic, calling her decisions to close some businesses "arbitrary." Republicans in the state Legislature, including House Speaker Lee Chatfield, have complained that they haven't been involved making such decisions that affect the lives of their constituents.
Chatfield, of Levering, said when announcing the lawsuit: "We have three branches of government, and now when you have a disagreement at a time like this, between the Legislative and the Executive branch, sometimes the Judicial branch needs to step in, and that's what we're asking them to do right now."
He wrote on Twitter: "We've attempted to partner with our governor, but she's rejected. We offered cooperation, but instead she chose court. This was avoidable, but today we filed a lawsuit in our state to challenge her unconstitutional actions. The law in Michigan is clear, and nobody is above it."
Under the law Republicans are challenging, Whitmer is able to wield certain executive powers only when a State of Emergency is in effect. While Whitmer's latest State of Emergency order is set to expire September 4, 2020 at 11:59 p.m., the governor has said she intends to continue with the extensions while COVID-19 remains a pubic health emergency in Michigan.
An appeal to the Michigan Supreme Court of the Court of Appeals ruling is likely. The high court has already said it will hear arguments in early September.
