2020 : Michigan Supreme Court Strikes Down Governor’s Emergency Powers

October 2, 2020 all-day

The Michigan Supreme Court ruled late today that Gov. Gretchen Whitmer  lacked “the authority to declare a ‘state of emergency’ or a ‘state of disaster'” under the 1976 Emergency Management Act after April 30 and that the 1945 Emergency Powers of Governor Act is in violation of the Constitution because it “purports to delegate to the executive branch the legislative powers of state government.”

The Republican legislature had challenged the Democratic governor’s Executive Orders to fight the coronavirus pandemic because they had not met the Republican legislatures approval.  Not surprisingly, the Michigan Supreme Court dominated by Republican sponsored judges at the time agreed.

Source : Supremes: ’45 Emergency Powers Act Violates Constitution, MIRS, October 2, 2020.