Politics & Government

Michigan House Kills Law Whitmer Used For Coronavirus Orders

The 1945 law will now be wiped from the books after the Michigan Supreme Court previously ruled it unconstitutional.

A law cited by Michigan Gov. Gretchen Whitmer to issue executive orders amid the coronavirus pandemic has been repealed.
A law cited by Michigan Gov. Gretchen Whitmer to issue executive orders amid the coronavirus pandemic has been repealed. (Getty Images)

LANSING, MI — The Republican-led legislature on Wednesday killed a law that had been declared unconstitutional in 2020 after Michigan Gov. Gretchen Whitmer used it as the basis for a series of executive orders amid the coronavirus pandemic.

The Michigan House voted 60-48 to repeal the 1945 emergency act, approving a petition initiative launched by the conservative group Unlock Michigan, and ensuring the issue won't go before voters during the next election cycle.

Michigan Democrats were quick to bash the vote, with spokesperson Lavora Barnes saying it hamstrings any administration's ability to respond swiftly during pandemics.

Find out what's happening in Detroitfor free with the latest updates from Patch.

"Unlock Michigan established a disturbing pattern of lying and deceit when it came to collecting signatures, even hiring known criminals to push this reckless proposal that has the potential to put the health of all Michiganders at risk," Barnes said in a statement. "The Michigan Democratic Party is watching closely and will hold the lawmakers that vote for the adoption of this petition accountable for their negligent, short-sighted, and dangerous support of the Unlock Michigan petition."

The Unlock Michigan petition came before the Michigan House on Wednesday after being passed by the Senate 20-15 last week.

Find out what's happening in Detroitfor free with the latest updates from Patch.

Unlock Michigan gathered more than the required 500,000 signatures in 2020 before submitting the petition to the Michigan Supreme Court.

Whitmer used the rule to issue COVID-19 executive orders until the Michigan Supreme Court ruled the law she was citing was unconstitutional. However, a separate law from 1976 remains in place and allows the governor to declare emergencies with the caveat that they cannot extend longer than 28 days without legislative approval.

Unlock Michigan now will aim at petitioning to repeal another law that allows state epidemic orders unenforceable after 28 days, according to The Associated Press.

Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.