Court of Claims upholds Whitmer emergency power

May 21, 2020

Governor Gretchen acted lawfully when she declared consecutive COVID-19 emergencies over the objections of Republicans in the Legislature. 

That decision came Thrusday from the Michigan Court of Claims.

       The Legislature’s Republican leaders took the governor to court because, they said, she cannot continue to declare COVID-19-related emergencies and use the power that goes with that – not without the Legislature’s approval every 28 days. Court of Claims Judge Cynthia Stephens agreed with the GOP lawmakers on some points. But in the end, the Democratic governor prevailed. The judge said the governor has the authority to continue to declare emergencies for as long as the emergency exists.
                Senate Majority Leader Mike Shirkey said in a statement that he’s disappointed in the result, and Republicans will appeal the decision.