Michigan Supreme Court: Whitmer exceeded her emergency powers amid COVID-19 pandemic

(WWJ) The Michigan Supreme Court has ruled against Gov. Gretchen Whitmer concerning her many emergency orders during the COVID-19 pandemic.

In a 107-page ruling, four of the seven justices concluded that the governor lacked the authority to declare a "State of Emergency" or a state of disaster after April 30 on the basis of the pandemic.

Justices Stephen Markman, Brian Zahra, David Viviano and Elizabeth Clement said the Emergency Powers of the Governor Act of 1945 is in violation of the Michigan constitution because it purports to delegate to the executive branch, or the governor's office, the legislative powers of state government.  

The four judges' conclusion states that the 1945 Act cannot continue to provide a basis for the governor to exercise emergency powers. 

- READ THE COURT'S OPINION (.pdf format) - 

It was not immediately clear what this ruling means for Michigan's mask mandate, restrictions on businesses and other COVID-19 guidelines of all kinds. 

"They did not strike down the 1945 Act that the governor was relying on," explained WWJ Legal Analyst Charlie Langton. "But they said, governor, you can't act like a legislature. If you wanna make executives orders, if you wanna do things, you have at least involve the legislature." 

"It's a very divided opinion; there's lots of little intricacies But the bottom line here: The majority of the Michigan Supreme Court said, governor, you do not have the authority to issue executive orders."

Currently, Michigan's COVID-19 State of Emergency is set to expire on Oct. 27, after Whitmer extended it multiple times. 

While Whitmer disagreed, Republican legislative leaders have said they needed to approve any emergency after a 30-day period. They complained that they were not allowed input in decision making regarding business closures and other restrictions, and wanted a seat at the table to represent their constituents' interests. 

Watch video or oral arguments in the case here:

The court's ruling comes the same day Whitmer again exercised her powers, rolling the Upper Peninsula back to Phase 4 of her MISafeStart plan, due to a surge in cases in that region. 

Earlier Friday, the anti-Whitmer group "Unlock Michigan" submitted more than 539,000 signatures to repeal the same 1945 law Whitmer broad emergency powers during the pandemic. Members are demanding a veto-proof initiative be put before the Republican-led Legislature before the end of the year, to kill the law and strip Whitmer of her authority. 

The governor has repeatedly said these powers are granted to her under Michigan law, and that her actions have saved countless lives. She has released the following statement: 
“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.”