LANSING, Mich. — Friday, the Michigan Court of Claims heard arguments in the lawsuit against Governor Whitmer over the state of emergency.
The case here, is between the Republican-led Legislature, that claims the governor overstepped her authority in responding to the coronavirus pandemic.
Chris Allen from the State Attorney General's Office insisted the Emergency Powers Act of 1945 and 1976 gives the governor the authority to issue a stay at home order and extend it if needed. Allen argued the Republicans are creating a "constitutional crisis" in the midst of a public health crisis.
The attorney for Republican lawmakers said Governor Whitmer has the duty to declare a state of emergency, but only once. He says she does not have the authority to declare a state of emergency on a continuing basis.
In Wisconsin this week, the state supreme court overturned their governors stay at home order.
In Michigan, Judge Cynthia Diane Stephens was tough on the representatives for both sides, especially over language in the Emergency Powers of Governor Act.
So your honor, all the legislature is asking you to do is return the EPGA to its time honored understanding," said Michael Williams, attorney to the Michigan Legislature.
The Judge did not announce a decision. But whichever side ultimately loses, can then file an appeal with the Court of Appeals, or file a "bypass application" asking the Michigan Supreme Court to take the case.
You can watch the entire hearing here.
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