Michigan Supreme Court rules again against Whitmer, ending Covid-19 decrees


Ten days ago, the court ruled that Whitmer, a former Democrat prosecutor and first-term governor, did not have the authority to issue or renew decrees relating to Covid-19 beyond April 30.

Whitmer tabled a motion last Monday, saying more time was needed to “allow for an orderly transition in which certain reactive measures can be brought under another executive authority and the governor and legislature can work to deal with many other matters. related to the pandemic which currently fall under Executive Orders. ”

In its Monday order, the court wrote that “our decision today … leaves many avenues open for our governor and our legislature to work cooperatively and constitutionally together to respond to the COVID pandemic. -19 ”.

Whitmer cited the Emergency Management Act of 1976 (EMA) and the Governor’s Emergency Powers Act of 1945 (EPGA) as the authority, with two lower courts later dismissing legal challenges to his actions.

Whitmer issued a statement earlier this month, after the court ruled that she had no authority to issue or renew the orders.

“(The) Supreme Court decision, rendered by a slim majority of Republican judges, is deeply disappointing, and I strongly disagree with the Michigan Constitution Court’s interpretation,” he said. she declared. “Right now, every state and federal government has some form of declared emergency. With this ruling, Michigan will become the only outlier at a time when the Upper Peninsula has been experiencing Covid infection rates not seen in our state since April. “

The Michigan Supreme Court issued its initial opinion at the request of the US District Court for the Western District of Michigan.

The district court asked the judges

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He said the ordinance authorities were not involved in the Supreme Court’s decision.

It is in effect until October 30.

On Monday, the state’s Supreme Court also overturned the judgment of a lower court in a lawsuit brought by the legislature, saying “the Governor’s Emergency Powers Act is inconsistent with our state’s constitution and, therefore, decrees issued under this law have continuing legal effect. “

Reaction on governor’s orders

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Whitmer, who announced a state lockdown in March and lifted it in June, faced a backlash over his shutdown orders.

In April, protesters armed with guns came to the Michigan Capitol in Lansing to pressure the governor to take more lenient measures.

President Donald Trump has attacked Whitmer in personal terms for his criticism of his handling of the coronavirus pandemic.

In July, Whitmer called for a “national mask campaign,” saying it was necessary for everyone, even those in the White House, to wear masks to stem the spread of the coronavirus.

CNN’s Dave Alsup and Susannah Cullinane contributed to this report.


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