“Today’s Supreme Court ruling, handed down by a narrow majority of Republican justices, is deeply disappointing, and I vehemently disagree with the court’s interpretation of the Michigan Constitution," she said. Whitmer issued a statement denouncing the decision. Powered and implemented by FactSet Digital Solutions. Whitmer pointed out that the ruling does not take effect for another 21 days and said that enforcement of the same protocols to keep residents safe will be handled by "alternative sources of authority. Accordingly, the executive orders issued by the Governor in response to the COVID-19 pandemic now lack any basis under Michigan law.". The decision in the case comes as part of a lawsuit by three medical centers against the governor, challenging an executive order that prohibited non-essential medical procedures. We’ve made a decision as a conference not to have fans out of an abundance of caution.”. The court was unpersuaded, saying, "When the cited language is read in reasonable conjunction with the language imposing the 28-day limitation, it is clear that the governor only possesses the authority or obligation to declare a state of emergency or state of disaster once and then must terminate that declaration after 28 days if the Legislature has not authorized an extension.". “The people of this state have been denied a voice and a seat at the table in decisions that have impacted every facet of their lives and their futures over the past eight months. “Today’s Supreme Court ruling, handed down by a narrow majority of Republican justices, is deeply disappointing, and I vehemently disagree with the court’s interpretation of the Michigan Constitution. With this decision, Michigan will become the sole outlier at a time when the Upper Peninsula is experiencing rates of COVID infection not seen in our state since April. ©2020 FOX News Network, LLC. The plaintiffs in the case were health care providers who could not perform nonessential medical procedures due to the extension, according to the majority opinion. ", WHITMER OFFERS FREE COLLEGE TO 625,000 ESSENTIAL CORONAVIRUS WORKERS, "Right now, every state and the federal government have some form of declared emergency," she said. The state of emergency is meant to last 28 days. It is important to note that this ruling does not take effect for at least 21 days, and until then, my emergency declaration and orders retain the force of law. In August, the Michigan Court of Appeals had upheld a lower court ruling that affirmed the governor's authority to issue the executive orders in response to the pandemic, which has led to 6,781 deaths in the state since March. Powered and implemented by FactSet Digital Solutions. Whitmer released a statement saying she found the decision deeply disappointing and blamed it on Republican justices on the court. The Mackinac Center expects an "almost certain rehearing request from the governor and other state officials," according to a press release. Market data provided by Factset. She added that the ruling “does not take effect for at least 21 days, and until then" she will continue to use her emergency powers, and "after 21 days, many of the responsive measures" she put in place to control the spread of COVID-19 "will continue under alternative sources of authority that were not at issue" during Friday's ruling. (The Center Square) – The Michigan Supreme Court Friday ruled against Gov. That was the last date when the Legislature allowed the governor to declare an emergency, having declined to extend an earlier declaration. The decision encourages the governor and state legislators to work together for future COVID-19 orders, Justice Stephen Markman wrote in the opinion. With the court decision having been rendered, however, that may only be a matter of time. Follow him on Twitter @Dave_Boucher1. Right now, every state and the federal government have some form of declared emergency. ", Whitmer also said in her statement that the ruling would not take effect for at least 21 days, which is the usual length of time a party to a case has to ask the court to reconsider a decision, though it wasn't clear whether that applied in this case or not. House Speaker Lee Chatfield, R-Levering, called the ruling a giant win for the state. Mutual Fund and ETF data provided by Refinitiv Lipper. He added that the "decision was long in the making, but now future COVID responses will have the benefit of including the people’s representatives through the legislative process.". Gov. the Michigan Court of Appeals had upheld a lower court ruling that affirmed the governor's authority, In them, he asked whether the Emergency Powers of Governor Act of 1945 or the Emergency Management Act of 1976 gave Whitmer the broad authority she claimed even after the Legislature refused to grant the 28-day extension of Michigan's state of emergency, Your California Privacy Rights / Privacy Policy. Now, the authority of orders dictating everything from clubs and bars operating at limited capacity to mask mandates for high school athletes has been thrown into question. The majority of the court also ruled that although the law affords the governor broad authority to act, it unconstitutionally gave the executive powers that should only reside with state lawmakers. The Michigan Supreme Court ruled Friday that Governor Gretchen Whitmer did not have the authority to extend her executive orders regarding the Covid-19 pandemic after April 30. “This has always been about health and safety,” Penn State athletic director Sandy Barbour said last month. Gretchen Whitmer addresses the Democratic National Convention. LANSING, Mich. (FOX 2) - The Michigan Supreme Court on Friday struck down months of orders by Gov. Gretchen Whitmer's orders to extend a coronavirus-related state of emergency past April 30 without legislative approval. "The Legislature was there in March and April to work with the governor to improve her executive orders and help keep Michigan healthy and moving forward together. "The Governor does not possess the authority to exercise emergency powers under the Emergency Powers of the Governor Act of 1945 (the EPGA), MCL 10.31 et seq., because that act is an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution. "The governor’s declaration of a state of emergency or state of disaster may only endure for 28 days absent legislative approval of an extension. The court held a hearing on the questions last month. Legal Statement. Michigan 's Supreme Court on Friday struck down Gov. “(We) do not believe that the Legislature intended to allow the governor to redeclare … the identical state of emergency and state of disaster under these circumstances,” Markman wrote. You've successfully subscribed to this newsletter! So, if the Legislature does nothing, as it did here, the governor is obligated to terminate the state of emergency or state of disaster after 28 days," said the majority opinion, written by Judge Stephen Markman. One initiative, Unlock Michigan, garnered more than 500,000 signatures but is under investigation by the attorney general after video evidence showed potentially illegal means of collecting signatures. The fight over Whitmer's authority to issue orders, including those requiring Michiganders to wear masks and stay at home as much as possible at the height of the outbreak in spring, led to protests in Lansing and President Donald Trump issuing a post on Twitter at one pointing calling to "Liberate Michigan." When the Legislature refused to extend the earlier declaration even though the outbreak was continuing and Michiganders' were still at risk, she said she had no recourse but to issue another one. The decision stems from a lawsuit in federal court, filed by several health care companies against Whitmer pertaining to a specific order. This material may not be published, broadcast, rewritten, or redistributed. Whitmer's actions, meanwhile, have largely been supported by state residents, according to polls. Viviano agreed with the ultimate ruling on this point, but disagreed with parts of the legal arguments presented. Under the 1976 law, the governor can declare a state of disaster or emergency if she finds one to exist and it remains in place for 28 days, unless the Legislature extends it. By Scott McClallen. With this decision, Michigan will become the sole outlier at a time when the Upper Peninsula is experiencing rates of COVID infection not seen in our state since April.". Her actions, however, also prompted several efforts to get people to sign petitions in order to repeal the laws cited by the governor. Just hours before the ruling, the governor determined the Upper Peninsula needed to abide by stricter rules for gatherings and masks because of an uptick in coronavirus cases. Gov. -The Associated Press contributed to this report. Staff writer Chris Solari contributed to this report. "Right now, every state and the federal government have some form of declared emergency. In a press release late Monday, Michigan Attorney General Dana Nessel and Secretary of State Jocelyn Benson lamented the fact the Michigan Supreme Court had yet to release a decision in the case. Michigan Republican Party Chairwoman Laura Cox said the ruling makes for a great day for the state. Market data provided by Factset. All rights reserved. In them, he asked whether the Emergency Powers of Governor Act of 1945 or the Emergency Management Act of 1976 gave Whitmer the broad authority she claimed even after the Legislature refused to grant the 28-day extension of Michigan's state of emergency. Justices Brian Zahra, Elizabeth Clement and Megan Cavanagh disagreed. “Right now, we just don’t know,” Kimmerly said. To allow such a redeclaration would effectively render the 28-day limitation a nullity. CUOMO, WHITMER CALL FOR CONGRESS TO INVESTIGATE TRUMP'S RESPONSE TO THE COVID-19 CRISIS. Whitmer released a statement saying she found the decision deeply disappointing and blamed it on Republican justices on the court. Whitmer has relied on an interpretation of this emergency powers law and the Emergency Powers Act of 1976 to issue a litany of executive orders related to the pandemic. ©2020 FOX Television Stations, — Gov. All rights reserved. "The court rightly recognized that the constitution gives the Legislature a role to represent the people of this state," she said. ", “It is important to note that this ruling does not take effect for at least 21 days, and until then, my emergency declaration and orders retain the force of law," she said. In part, the ruling essentially determines that the Emergency Powers of Governor Act of 1945 — the law people signing petitions are trying to repeal — is unconstitutional because it "constitutes an unlawful delegation of legislative power to the executive.". Dr. Randall Baker, a plaintiff, said she and two other medical practitioners are "thankful for the rule of justice and that we can put patients first, like we’ve been trained and desire to do," adding, "it’s a great day for the people of Michigan.". In the 4-3 ruling, the court determined the governor did not have the authority under state law to issue any additional emergency declarations pertaining to the pandemic after April 30. As far as Michigan and Michigan State football, which are scheduled to kick off their seasons the weekend of Oct. 24, the Big Ten decided no fans would be allowed when it announced Sept. 16 it would attempt to play a season this fall. Quotes displayed in real-time or delayed by at least 15 minutes. Gretchen Whitmer that were aimed at preventing the spread of the coronavirus, saying she illegally drew authority from a 1945 law that doesn't apply. Legal Statement. Gretchen Whitmer response to Michigan Supreme Court ruling, Metro Detroiters march to celebrate Joe Biden’s election, Who won the election? Legislative and state Republicans heralded the decision. The virus still presents a threat to our health and we must be vigilant in our actions," Shirkey said.
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