The Michigan Supreme Court ruled Friday that Gov. Gretchen Whitmer had no authority to issue or renew executive orders relating to Covid-19 beyond April 30.
The Democratic governor extended the state’s coronavirus emergency declaration by executive order April 30 after the Republican-controlled Legislature advanced a bill that would not have renewed the original declaration.
Whitmer cited the Emergency Management Act of 1976 (EMA) and the Emergency Powers of the Governor Act of 1945 (EPGA) as authority, with two lower courts subsequently dismissing legal challenges to her actions.
But the Michigan Supreme Court Friday ruled that Gov. Whitmer did not possess the authority under the EMA to re-declare a state of emergency or disaster based on the pandemic and that the EPGA was an “unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution.”