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Michigan appeals court upholds governor's emergency powers

The court in a 2-1 ruling Friday rejected a lawsuit filed by the Republican-led Legislature.

LANSING, Mich. — The Michigan appeals court says Democratic Gov. Gretchen Whitmer’s emergency declarations and orders to curb the coronavirus clearly fall within the scope of her legal powers. 

The court in a 2-1 ruling Friday rejected a lawsuit filed by the Republican-led Legislature.

The decision is expected to be appealed to the state Supreme Court.

The judges denied GOP lawmakers’ contention that a 1945 law only lets a governor indefinitely extend emergencies that are local, not statewide, in nature. 

Also Friday, Michigan was approved by the federal government to provide an additional $300 weekly benefit to 910,000 unemployed residents. 

Governor Gretchen Whitmer’s office sent the following statement Press Secretary Tiffany Brown on the ruling:

"Today the Court of Appeals handed the governor a complete and decisive win in her efforts to protect the people of Michigan from this once-in-a-lifetime global pandemic. This decision recognizes that the Governor’s actions to save lives are lawful and her orders remain in place. As the Court concluded: “[T]he Governor’s declaration of a statement of emergency, her extensions of the state of emergency, and her issuance of related EOs clearly fell within the scope of the Governor’s authority under the EPGA.” (p. 21). She will continue to do what she’s always done: take deliberate, measured actions to protect Michiganders from this unprecedented threat. This lawsuit is a dangerous and costly attempt to take away the governor’s power to respond to the COVID-19 emergency and save lives. We owe it to our frontline heroes who have been putting their lives on the line to pull together as a state and work as one team to stop the spread of this virus." 

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