Michigan Court of Appeals upholds Gov. Whitmer's emergency actions

Posted at 11:33 AM, Aug 21, 2020

(WXYZ) — The Michigan Court of Appeals issued an opinion Friday upholding Governor Gretchen Whitmer's emergency actions during the COVID-19 pandemic.

The court said Whitmer's declaration of a state of emergency, extensions of the state of emergency and issuance of related executive orders fell within the scope of her authority under the Emergency Powers of the Governor Act of 1945.

A lawsuit was filed by the Republican-led Legislature earlier this month over her emergency powers.

The lawsuit stemmed over the Emergency Management Act of 1976 (EMA) and the EPGA.

Judge Cynthia Stephens ruled that the Republicans challenge to the governor's authority to declare a state of emergency under the EPGA were "meritless."

The governor's office has issued the following statement in response:

"Today the Court of Appeals handed the governor a complete and decisive win in her efforts to protect the people of Michigan from this once-in-a-lifetime global pandemic. This decision recognizes that the Governor’s actions to save lives are lawful and her orders remain in place. As the Court concluded: “[T]he Governor’s declaration of a statement of emergency, her extensions of the state of emergency, and her issuance of related EOs clearly fell within the scope of the Governor’s authority under the EPGA.” (p. 21). She will continue to do what she’s always done: take deliberate, measured actions to protect Michiganders from this unprecedented threat. This lawsuit is a dangerous and costly attempt to take away the governor’s power to respond to the COVID-19 emergency and save lives. We owe it to our frontline heroes who have been putting their lives on the line to pull together as a state and work as one team to stop the spread of this virus."

View the full opinion from the Court of Appeals below:

353655.opn by WXYZ-TV Channel 7 Detroit on Scribd

353655P.opn2 by WXYZ-TV Channel 7 Detroit on Scribd