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Michigan Supreme Court to hear arguments in suit challenging Gov. Whitmer's COVID-19 powers

steve carmody
Michigan Radio

This week, the Michigan Supreme Court is scheduled to hear arguments in a legal challenge to Gov. Gretchen Whitmer’s use of emergency powers during the COVID-19pandemic.

Whitmer has faced numerous legal challenges to their use of emergency powers during the coronavirus outbreak. Just last month, the Michigan Court of Appeals sided with the governor in a lawsuit filed by Republican lawmakers.  

The Supreme Court will take up another lawsuit on Wednesday.

The Mackinac Center Legal Foundation is asking the state’s highest court to weigh in on two questions:

"Whether, under the Emergency Powers of the Governor Act, MCL § 10.31, et seq., or the Emergency Management Act, MCL § 30.401, et seq., Governor Whitmer has the authority after April 30, 2020, to issue or renew any executive orders related to the COVID-19 pandemic; and (2) Whether the Emergency Powers of the Governor Act and/or the Emergency Management Act violates the Separation of Powers and/or the Non-Delegation Clauses of the Michigan Constitution.”

Gov. Whitmer has extended her State of Emergency declaration several times since March, including again last week, extending the declaration until October 1st.

The governor cites the need to take reasonable and necessary steps to protect Michiganders from COVID-19.

Nearly 7,000 Michiganders have died from COVID-19since March.   More than 110,000 have tested positive for coronavirus, with a majority officially listed as recovered. 

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Steve Carmody has been a reporter for Michigan Public since 2005. Steve previously worked at public radio and television stations in Florida, Oklahoma and Kentucky, and also has extensive experience in commercial broadcasting.
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