LANSING, Mich. — Discrepancies over who holds the power to extend the state of emergency between the GOP-led legislature and the governor have led to confusion and frustration for those tasked with enforcing executive orders.
The legislature last week chose not to extend the expiring state of emergency and instead, passed a measure that would have replaced executive orders with similar legislation. Democratic Gov. Gretchen Whitmer extended the states of emergency and disaster hours later.
Those declarations give her the power to mandate future executive orders, like her extension of the shutdown of places of public accommodation through May 28. The governor and legislature differ on who holds the power to extend the emergency declarations. The governor says under a 1945 law she does not need the legislature's approval to extend the current emergency, but the legislature has said the power lies in its hands under a 1976 law.
Attorney General Dana Nessel said on Tuesday that her office had received questions both from local law enforcement agencies and residents about whether the governor's stay-home order and her recent extension on the shutdown of places of public accommodation were still enforceable.
In a letter to law enforcement officials, Nessel said regardless of what local law enforcement may have heard the orders were both valid and enforceable. The attorney general said she reviewed this issue after commentary from lawmakers and other officials created confusion.
The AG said she agrees with the governor that these orders are reasonable and necessary.
"The absence of these restrictions would open gateways for the virus to reach every family and social network in every part of the state," Nessel wrote.
RELATED VIDEO:
►Make it easy to keep up to date with more stories like this. Download the 13 ON YOUR SIDE app now.
Have a news tip? Email news@13onyourside.com, visit our Facebook page or Twitter. Subscribe to our YouTube channel.