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.
“This is a great day for the people of Michigan,” @MIGOPChair Laura Cox said in a statement about 4 GOP-nominated justice striking down the Democratic governor’s public health emergency powers.
— Chad Livengood (@ChadLivengood) October 2, 2020
This is what the Trump DOJ Civil Rights Division is celebrating at this time https://t.co/MrSiqUxYBe
— Vanita Gupta (@vanitaguptaCR) October 3, 2020