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UPDATED to include Whitmer response.
The Michigan Supreme Court today struck down Governor Gretchen Whitmer’s executive orders governing the state’s emergency COVID-19 response.
In a 4-3 decision, justices ruled that Whitmer’s use of the 1945 Emergency Powers of Governor Act was inappropriate,, and the act itself is an “unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution.”
The governor’s office says the current extension of the state of emergency will remain in effect for 21 more days.
The decision was hailed by Laura Cox, chair of the Michigan Republican Party, which has been fighting the governor’s tactic since the pandemic began.
“This is a great day for the people of Michigan,” she said 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 governor released this statement:
“Since the beginning of this crisis, I have done everything in my power to protect our seniors, small businesses, and first responders from the worst public health emergency in over a century. Thanks to the hard work of millions of Michiganders who sacrificed and did the right thing, we have saved thousands of lives and laid the foundation for a strong economic recovery. But COVID-19 still poses a clear and present danger to the people of Michigan, our economy, and our way of life.
“This virus has now killed more Michiganders than World War I. It is a novel virus for which there is no cure, and which has infected the President of the United States, members of the United States Congress, and Legislators across our state. This virus continues to take the lives of Americans every single day, and without a cure or approved vaccine, that will continue for the foreseeable future.
“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. Right now, every state and the federal government have some form of declared emergency. 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.
“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. Furthermore, after 21 days, many of the responsive measures I have put in place to control the spread of the virus will continue under alternative sources of authority that were not at issue in today’s ruling.
“I know this is hard. We all want this crisis to be over, and we all want life to return to normal as soon as possible. But the only way we will get through this is by pulling together as Americans and working as one nation to defeat this virus. That means wearing a mask, washing your hands frequently, and maintaining six feet of physical distancing. Michiganders have grit, and there is no challenge we can’t meet.
“I want the people of Michigan to know that no matter what happens, I will never stop fighting to keep you and your families safe from this deadly virus.”
