Key Michigan Court Sides with Gretchen Whitmer over Emergency Powers

FILE - In this Feb. 12, 2019 file photo, Michigan Gov. Gretchen Whitmer delivers her State of the State address to a joint session of the House and Senate at the state Capitol in Lansing, Mich. Whitmer's proposal to significantly increase fuel taxes to fix the roads is paired with …
Al Goldis/AP Photo

A Michigan Court of Claims judge sided with Gov. Gretchen Whitmer on Tuesday, claiming the law grants her “broad authority” to enact executive orders.

Whitmer was sued by Michigan United for Liberty, which asked for the court to invalidate Whitmer’s stay-at-home and other executive orders, MIRS News reported.

“This is good news for our families, our health care workers, and everyone serving on the front lines of this crisis,” Whitmer spokeswoman Tiffany Brown said.

“The governor will continue to use every tool at her disposal to save lives and lower the chance of a second wave of COVID-19.”

The Republican-led legislature has also sued Whitmer in the Court of Claims and the legislative bodies made a separate argument that Whitmer did not have the authority to extend her state of emergency order.

9 and 10 News reported:

The issue is there are two laws on the books that are clashing: One says she needs legislative approval to enforce executive orders, and another that says she does not.

In the hearing the judge asked the Legislature lawyer if there is a second wave of COVID-19 in the fall, would the governor be able to issue another emergency declaration without approval.

The Legislature attorney said a 1945 Emergency Powers Act was for local emergencies, not statewide ones.

A ruling in that case, overseen by a different judge, is expected at any time.

Kyle Olson is a reporter for Breitbart News. He is also host of “The Kyle Olson Show,” syndicated on Michigan radio stations on Saturdays. Follow him on Twitter and like him on Facebook.


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