A higher appeal in Michigan ruled Friday in favor of Gov. Gretchen Whitmer, and found that their emergency declaration and orders in response to the coronavirus were legal.
Whitmer implemented strict access measures during the crisis, and has since extended the state of emergency to keep gyms and cinemas closed. Masks are required in many parts of the state.
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Republicans in the state Legislature have argued that they have exaggerated their authority, and can only unilaterally extend emergencies if they are local, not stateless, under the Emergency Powers of the Governor Act (EPGA) of 1945. They said that a separate 1976 law means that statewide emergencies after 28 days require the approval of the legislation.
The appeals court, in a 2-1 decision, however, contained a lower court ruling that the movements were within its power.
“A declared statewide emergency only ends with the governor declaring that the emergency no longer exists. That should still happen in the immediate case, “the statement said.
A Whitmer spokesman called it a “complete and decisive victory” for the Democratic governor and her endeavor “to protect the people of Michigan from this once-in-a-lifetime global pandemic. ‘
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Republicans have promised to appeal, claiming the court got it wrong.
“The Court of Appeal ruled today that as long as it is the opinion of a sitting governor that there is a need, they can take full, unilateral control over the state, as long as he or she decides. No controls on power. No separation of powers, “said spokesman Lee Chatfield. “This is unconstitutional.”
Senate Senate Leader Mike Shirkey also said this week that a group was trying to collect 340,000 signatures to repeal the 1945 law.
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Once they get the signatures, the Legislature can pass a bill to repeat it, and Whitmer is unable to veto. Shirkey said they currently have more than 200,000.
The Associated Press contributed to this report.
