GOP Wins Lockdown Court Battle With Michigan Gov

The Detroit Free Press reports:

In a landmark ruling with far-reaching implications, the Michigan Supreme Court decided Friday that Gov. Gretchen Whitmer violated her constitutional authority by continuing to issue orders to combat COVID-19 without the approval of state lawmakers. The state’s high court ruled 4-3 that a state law allowing the governor to declare emergencies and keep them in place without legislative input — the 1945 Emergency Powers of the Governor Act — is unconstitutional.

The court was unanimous in ruling that a separate law — the 1976 Emergency Management Act — did not give Whitmer the power, after April 30, to issue or renew any executive orders related to the COVID-19 pandemic after 28 days without Legislative approval. The ruling, which was requested by a federal judge earlier this year, serves as advice to the federal court and indicates how the court would rule on a suit challenging Whitmer’s emergency powers.