Michigan Supreme Court Strikes Down Whitmer's "Emergency Powers" During Pandemic

Oct 3, 2020

LANSING, Mich. (AP) — The Michigan Supreme Court has struck down a law that Gov. Gretchen Whitmer has repeatedly used to manage the coronavirus pandemic. The decision now puts months of restrictions in jeopardy all while COVID-19 continues to flare up. In a 4-3 opinion, the court said the law is unconstitutional because it takes power away from the Legislature. Whitmer says the decision is “deeply disappointing.” The governor says her orders will remain in effect for 21 days. She says she plans to take other action. Republicans in the Legislature have complained that Whitmer failed to use a 1976 law that would have required consultation with lawmakers about emergencies.

Governor Whitmer has issued a statement saying the ruling will not go into effect for 21 days, so her emergency declaration still remains the law. The statement said that some rules would be shifted to alternative sources of authority.

Gov. Gretchen Whitmer, (D) Michigan
Credit Photo provided by the State of Michigan