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The Michigan Supreme Court ruled last October that Gov. Gretchen Whitmer could no longer use a 1945 emergency powers law to issue pandemic orders, but the group Unlock Michigan is still fighting tooth and nail to have the law taken off the books.
Michigan Gov. Says State Can’t Issue COVID-19 Lockdown After Republican Lawsuits
Michigan Gov. Gretchen Whitmer said her state won’t carry out another COVID-19-related lockdown following GOP-led lawsuits in 2020 that argued she overstepped her constitutional authority.
“I have been sued by my legislature. I have lost in a Republican-controlled Supreme Court, and I don’t have all of the exact same tools [that I had 15 months ago],” Whitmer, a Democrat, told “Meet the Press” on Sunday.
She elaborated in saying that the lawsuits left her without the authority to unilaterally implement a lockdown due to surging cases of the CCP (Chinese Communist Party) virus, which causes the COVID-19 disease.
Back on October 2, 2020, the Michigan Supreme Court ruled that Whitmer didn’t have the authority under the state’s emergency statute she was using to continue extending the coronavirus state of emergency passed 28 days without the support of the Legislature.
The Michigan Supreme Court declared that Whitmer did not have any authority under the 1976 Emergency Management Act. They also ruled that the 1945 Emergency Powers of the Governor Act that she specifically used to support her take over of the state via her emergency orders was completely unconstitutional.
Justice Stephen J. Markman wrote in the majority opinion:
“We conclude that the Governor lacked the authority to declare a ‘state of emergency’ or a ‘state of disaster’ under the EMA after April 30, 2020, on the basis of the COVID-19 pandemic. Furthermore, we conclude that the EPGA is in violation of the Constitution of our state because it purports to delegate to the executive branch the legislative powers of