(WWJ) Republican legislative leaders in Michigan have filed a lawsuit against Gov. Gretchen Whitmer claiming her emergency declaration, which was extended until May 28, is unconstitutional.
House Speaker Lee Chatfield, from Levering, said Wednesday they are challenging the governor's interpretation of the 1945 Emergency Management law.
"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," Chatfield said, "and that's what we're asking them to do right now."
Chatfield said any executive orders implemented after last week are legally questionable at best. 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."
"All we wanted, and all we've ever asked for is an opportunity to participate and understand how decisions are being made, and we have been left out of that," Senate Majority Leader Mike Shirkey of Clarklake added, at a news conference. "The legislators have been left out of that, and therefore the people of Michigan have been left out of that."
"The Legislature did not approve an extension of the state emergency declaration and as such we expected the declaration to end. Instead, we saw the governor ignore the law, unilaterally extend the emergency, and write new executive orders," said Shirkey, in a media release. "If left unchecked, the governor could extend her authority indefinitely. Michigan citizens cannot wait that long for a path forward to regain their lives and their livelihoods."
The case has been filed in the Michigan Court of Claims.
In a statement emailed to WWJ, Whitmer's office said: "This lawsuit is just another partisan game that won't distract the governor. Her number one priority is saving lives. She's making decisions based on science and data, not political or legal pressure. She has brought together leaders in health care, business, labor, and education to develop the MI Safe Start plan to re-engage our economy in a way the protects our workers and their families. Moving forward, the governor will continue to listen to medical experts and put the health and safety of Michiganders first."
Democratic legislative leaders, meanwhile, say they are appalled that those across the aisle are choosing a global pandemic as the time to pick political fights with the governor instead of focusing on what they can do to help the people of our state.
So, does the lawsuit have a chance to change the trajectory of Michigan's COVID-19 response?
Some say likely not, including Barbara McQuade, former U.S. Attorney for the Eastern District of Michigan.
McQuade, like many other legal experts, believes Whitmer was on solid ground in extending the state of emergency under the Emergency Powers of Governor Act of 1945, which sets no time limit on a state of emergency, and does not require legislative review.
"This lawsuit will fail quickly," McQuade said, in a tweet. "(The) 1976 Emergency Management Act specifically says it does not overrule 1945 law that gives governor power to declare emergency. But better to resolve our disputes in courts than on the streets with guns."
This is the second lawsuit filed against the governor this week. On Monday, Rep. Paul Mitchel, a Republican representing Northern Macomb County and St. Clair County, sued Whitmer in federal court, alleging that her executive orders violate his constitutional rights.
