Calling her orders unconstitutional, GOP lawmakers sue Gov. Gretchen Whitmer over executive powers

LANSING, Mich. - After building political turmoil between GOP leaders and the Democratic governor of Michigan, Republican lawmakers unveiled a lawsuit against the executive.

During a press conference in Michigan's Court of Claims Office, House Speaker Lee Chatfield (R-Levering) and Senate Majority Leader Mike Shirkey (R-Clarklake) announced the filing.

“The Legislature did not approve an extension of the state emergency declaration and as such we expected the declaration to end. Instead, we saw the governor ignore the law, unilaterally extend the emergency, and write new executive orders," said Shirkey in a press release. "If left unchecked, the governor could extend her authority indefinitely. Michigan citizens cannot wait that long for a path forward to regain their lives and their livelihoods."

Shortly after, Chatfield wrote on Twitter, "We’ve attempted to partner with our governor, but she’s rejected. We offered cooperation, but instead she chose court. This was avoidable, but today we filed a lawsuit in our state to challenge her unconstitutional actions. The law in Michigan is clear, and nobody is above it."

The latest effort joins a growing list of attempts by the Republican legislature at the state and federal level to reign in Gretchen Whitmer's authority she's used to declare executive orders - including the state's most controversial stay-home order.

The feud between Whitmer and her GOP colleagues stems from a disagreement over when and how to reopen the state's economy. Whitmer has continually pushed back on calls for her to life stat restrictions that shuttered businesses and mandated residents shelter in place. After the governor ignored the legislature's vote not to approve of an emergency declaration and extended it anyways, GOP legislatures have threatened to file lawsuits against the case.

Seeing the duty of approving emergency orders as a responsibility of the legislature, Chatfield said the governor's order holds no water, citing the 1976 Emergency Management Act. The Act states legislative approval is required for a 28-day extension of a state of emergency,

Whitmer has deferred instead to the 1945 Emergency Powers of the Governor Act, which sets no time limit on when the emergency declaration can be issued and requires no legislative approval.

Both parties took expected sides, with Michigan Senate Democrats claiming the lawsuit was "driven solely by legislative Republicans and has no support from the Senate Democratic Caucus."

Michigan's Republican party said Shirkey and Chatfield took "a stand for the Michigan Constitution and the system of checks and balances our state and nation are built on."

"No single person, despite their intentions, should be given unilateral power over our state indefinitely. The time has come for the Governor to work with the Legislature to get our state through this crisis," said Party Chairman Laura Cox. "After all, Michigan’s other governors have handled every other crisis in that fashion since our state’s founding.”

While there are few court cases that offer precedent for the scenario the Whitmer administration and the Republican-led legislature are barreling towards, experts have indicated the governor may win out. At least one judge has already ruled in favor of the governor's order after residents accused Whitmer's stay-home order of violating their constitutional liberties. 

Senate Majority Leader Mike Shirkey (right) and House Speaker Lee Chatfield (left)

RELATED: Whitmer fending off litigation on multiple fronts as GOP works to limit governor's powers

Chatfield and Shirkey's filing is the culmination of building tension that began in early April as both Republicans and Democrats outlined different directions for how the state should move forward. While Whitmer has implemented a blanket rule across the state, conservatives who represent less populated more rural parts of Michigan argue the state's approach should be "region-based." 

While Whitmer has signaled willingness to open the state on a phase-in approach, she has yet to implement any such plan. She has loosened restrictions on her orders over the last couple of weeks as the COVID-19 outbreak has started slowing down - at least in Southeast Michigan where the bulk of the cases have been reported. Regions in both west and northern Michigan are citing upticks in COVID-19's cases.

In response to Whitmer extending her emergency declaration until May 28, GOP lawmakers passed legislation aimed at stripping the governor of her authority. One would repeal the 1945 Act Whitmer has used as justification for her ruling, and the other would shrink the length of time a declaration lasts. She vetoed those bills last night.

Prior to Wednesday's press conference, Shirkey had said the GOP is also looking at curbing the governor's powers via ballot petition - which requires collecting enough signatures from residents for the legislature to vote on rules that don't require the governor's signature. Requiring more than 340,000 signatures, the process would likely take months as many people are sheltering in place.

FOX 2 will update this story as more details come in.