Court Of Appeals: Whitmer Has Not Exceeded Her Emergency Powers

MICHIGAN — The Michigan Court of Appeals on Friday ruled 2-1 that Michigan Gov. Gretchen Whitmer has not exceeded the use of her emergency powers, upholding a ruling made previously by a lower Michigan court.

Whitmer has used emergency powers often during the coronavirus pandemic, issuing executive orders and extending the state's declaration of emergency to make moves she said has helped keep residents safe during the crisis.

"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," Whitmer's press secretary Tiffany Brown said. "This decision recognizes that the Governor’s actions to save lives are lawful and her orders remain in place.

The court ruled that Whitmer'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."

The 1945 Emergency Powers of the Governor Act gives state governors the ability to declare emergencies and take actions in such situations without lawmaker approval.

During the coronavirus pandemic, Whitmer has extended the state's declaration of emergency several times in order to continue to issue executive orders such as requiring masks and issuing a statewide stay -home order. The stay-home order was lifted in June. The current emergency declaration is set to expire Sept. 4.

Related: Whitmer Extends Michigan Emergency Declaration

"She will continue to do what she’s always done: take deliberate, measured actions to protect Michiganders from this unprecedented threat," Brown's statement read. "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."