LANSING, Mich — The first hearing in a lawsuit filed by the Michigan Legislature against Gov. Gretchen Whitmer is scheduled for Friday morning at 10 a.m. The hearing is taking place virtually and will be streamed online.
The Republican-led state Legislature sued Whitmer on May 6, claiming the governor overstepped her authority while responding to the COVID-19 pandemic. This legal action was taken after Whitmer extended Michigan’s state of emergency without support from the Legislature.
Michigan’s initial state of emergency was set to expire April 30; however, Whitmer ended up extending that period for another 28 days after the Legislature declined to issue an extension.
The Legislature deemed this move unlawful, pointing to the 1976 Emergency Management Act, which grants the governor emergency powers but also requires approval from the Legislature for further measures after an emergency declaration has been in effect for 28 days.
In contrast, Whitmer cited the 1945 Emergency Powers of the Governor Act (EPGA) as a means for extending the state of emergency. EPGA allows the governor to declare a state of emergency and hold emergency powers without a 28-day limit. This act says that the governor has the power to declare when an emergency no longer exists.
In their Motion for Immediate Declaratory Judgement against Whitmer, the Legislature said the governor’s response to the COVID-19 pandemic conveys a “disregard for the law.” They also argue that EPGA was intended to address local crises, not state-wide health emergencies.
“A 1945 statute governing local emergencies cannot be used to address a statewide pandemic. If these problems of authority are not enough, the Governor's actions face another issue: they offend the separation-of-powers principles enshrined in the Michigan Constitution,” the motion reads.
On Tuesday, members of Whitmer’s legal team filed the governor’s response to the court, in which argued that lawmakers are “seeking only to build a constitutional crisis atop a public health crisis in Michigan.”
“To judicially strip the Governor of her authority, contrary to her clear legal duties, would not just upset the separation of powers, it would work grievous harm on the State and its citizens," the filing reads.
Whitmer and the Michigan Legislature are set to face off in an oral argument Friday. Court of Claims Judge Cynthia Diane Stephens is presiding the hearing, but the event will be conducted remotely using video conferencing due to COVID-19.
More from 13 ON YOUR SIDE:
►Make it easy to keep up to date with more stories like this. Download the 13 ON YOUR SIDE app now.
Love My West Michigan? Check us out on Facebook and Instagram. Subscribe to our YouTube channel.