LANSING, MI (WKZO AM/FM) – The law Governor Gretchen Whitmer has been using to extend emergency pandemic orders has been terminated, due to the certification of a citizen initiative.
The group behind the initiative, Unlock Michigan, has been collecting signatures to repeal the law Whitmer was using to extend those orders, known as the Emergency Powers of Governor Act of 1945.
That law was previously found to be unconstitutional last October by the Michigan Supreme Court. Thanks to the certification of the initiative, it will be repealed from Michigan law.
Additionally, Whitmer is unable to appeal, as Michigan law states that a governor cannot veto a bill presented in this way. The petition was approved in a vote of 68-40.
However, the petition does not have anything to do with a different law, the Emergency Management Act, which allows Whitmer to declare an emergency with directives. Under that law, the state of emergency cannot last more than 28 days without support from the legislature.
Local elected officials spoke out on the decision, such as Rep. Beth Griffin of Mattawan.
“The people of Michigan wanted this unconstitutional law abolished – I’ve listened to their concerns and am fulfilling their will today,” Griffin said in a statement. “No one person should have the kind of unilateral, unchecked power the governor had during much of the pandemic. Removing this law from the books will go a long way toward ensuring the people have a voice when finding solutions to future emergencies in the state of Michigan.”
State Rep. Steve Carra of Three Rivers also released a statement.
“The governor used COVID-19 as an excuse to assume unilateral and unaccountable emergency authority,” Carra said. “The Supreme Court rightly determined that she was operating unconstitutionally from the start. Through Unlock Michigan, I’m happy to see the people and their representatives have removed this unconstitutional law from the books — permanently.”
