LANSING, MI (MPRN)-- A Michigan Court of Claims judge is considering whether to strike down Governor Gretchen Whitmer’s extension of a state of emergency.
The governor used that extension to continue stay-at-home policies until at least the end of the month, arguing the COVID-19 virus is still a major threat to public health.
Republican leaders in the legislature sued Whitmer, alleging state lawmakers must approve continuing a state of emergency.
But in oral arguments last week the Governor’s attorney – Christopher Allen – said Whitmer is simply following long-standing Michigan law.
“The legislature has the means to make the very changes they want to these laws in their own chamber. They wisely recognized and properly delegated that emergency authority to the governor. And that’s the law,” he said.
The attorney representing the legislature – Michael Williams – said divorcing lawmakers from any say in emergencies would grant a governor almost limitless authority.
“The governor accuses the legislature of creating a constitutional crisis on top of a public health crisis. But it’s the governor’s broad efforts and the governor’s broad application of the statute that in fact creates the constitutional crisis,” he said.
Judge Cynthia Stephens says she will wait until she’s reviewed the transcripts of the arguments before making a ruling, but she says it’s likely the suit will eventually be decided by the Michigan Supreme Court.