The Michigan Supreme Court on Friday struck a blow to Gov. Gretchen Whitmer's governance of the state during the coronavirus pandemic, ruling her use of a 1945 emergency powers law violated the state Constitution.
Whitmer has used the law since April 30 to issue executive orders under a state of emergency regulating capacity limits in public-facing businesses, public mask use, school reopenings and limiting the size of public and private gatherings.
In landmark 4-3 decision, the state's highest court ruled Whitmer use of the 1945 law "is in violation of the constitution of our state because it purports to delegate to the executive branch the legislative powers of state government — including its plenary police powers — and to allow the exercise of such powers indefinitely."
"As a consequence, the EPGA cannot continue to provide a basis for the Governor to exercise emergency powers," the majority opinion states.
The Supreme Court's ruling says Whitmer lacked the authority to declare a "state of emergency" or a "state of disaster" under a 1976 emergency management law after April 30, the last day the Legislature authorized the governor to declare the state under emergency.
The majority opinion was signed by Republican-nominated Justices Stephen Markman, Brian Zahra, David Viviano and Beth Clement.
The ruling throws into doubt Whitmer's continued use of the 1945 emergency powers law for issuing executive orders.
The Democratic governor will instead of have to negotiate with the Republican-controlled Legislature for legislative restrictions to economic activity for protecting public health during the ongoing pandemic. Since March, the coronavirus has sickened more than 125,000 Michigan residents and is blamed on the death of 6,788 residents.
"This is a great day for the people of Michigan," Michigan Republican Party chairwoman Laura Cox said Friday in a statement. "The court rightly recognized that the constitution gives the Legislature a role to represent the people of this state. Governor Whitmer overexerted her powers. The Legislature wants to be a willing partner in dealing with COVID-19 and Governor Whitmer should recognize their duly delegated role."
The state Supreme Court's ruling came hours after the governor used the 1945 law to impose new restrictions on mask use and business activity in the Upper Peninsula, citing a "surge" in cases threatening public health in Michigan's northernmost region. Those new restrictions weren't supposed to go into effect until Oct. 9.
The high court's ruling also came on the same day President Donald Trump announced he has tested positive for the coronavirus, renewing national debate over mask use, which public health experts say greatly reduces transmission of the airbourne pathogen. On the advice of a White House doctor, the president was hospitalized on Friday.
The high court's ruling was in a lawsuit sent to the state Supreme Court by U.S. District Judge Paul Maloney, a Kalmazoo based federal judge in the Western District of Michigan.
The lawsuit was brought by three medical groups in West Michigan — Grand Health Partners in Grand Rapids, Primary Health Services PC in Ludington and Wellston Medical Center in rural Manistee County.
The three medical groups sued Whitmer challening her spring executive order that prohibited doctors and medical facilities from performing "elective" procedures in an effort to preserve personal protection equipment when it was in short supply during the early days of the pandemic.
The Michigan Legislature made a similar challenge to Whitmer's use of the 1945 law in a case that also is before the Supreme Court.
Michigan Supreme Court rules against Whitmer's use of emergency powers law in pandemic
The Michigan Supreme Court on Friday struck a blow to Gov. Gretchen Whitmer's governance of the state during the coronavirus pandemic, ruling her use of a 1945 emergency powers law violated the state Constitution.Whitmer has used the law since April 30 to issue executive orders under a state of…
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