LANSING, MI (WTVB) – A divided Michigan Supreme Court handed Governor Gretchen Whitmer a major legal defeat on Friday as they ruled 4-3 that she illegally drew authority from a 1945 law during her months of orders that were aimed at preventing the spread of the coronavirus.
The court determined that the law was an “unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution.”
Senate Majority Leader Mike Shirkey called the decision great news for Michigan. He said in a statement, “The courts have ruled in favor of a government system of checks and balances and citizens will benefit the most.”
Whitmer said in a statement, “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.”
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