"The Governor does not possess the authority to exercise emergency powers under the Emergency Powers of the Governor Act of 1945 (the EPGA), MCL 10.31 et seq., because that act is an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution. Accordingly, the executive orders issued by the Governor in response to the COVID-19 pandemic now lack any basis under Michigan law."
Attorney Katherine Henry has argued against the governor's orders in court for the past 6 months, saying Whitmer had no grounds to continue extending her state of emergency every 28 days.
The
Michigan Supreme Court ruled two different ways on Friday. One rendered a unanimous, 7-0, opinion and the other was a narrow, 4-3, opinion.
"Specifically, they said she has no authority, on a 7-0 opinion, no authority to issue these executive orders, according to the emergency management act of 1976. That was the first part and that was the part that was unanimous. That she has zero authority to do this," Henry said.
However, the governor issued a press release said the ruling was 4-3. Henry explained the court actually answered two questions.
"The second question was whether the Emergency Powers of Governor act violated the state constitution, namely, separation of powers clause - article 3 section 2," she said. "What the court said in a 4-3 opinion, in that regard, was that yes, the emergency power of governor act of 1945 is entirely unconstitutional. The governor has no way to rely on that to act on our behalf."
