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Federal judge asks Michigan Supreme Court to clarify Whitmer's emergency powers

Published  June 19, 2020 10:17am EDT
Gretchen Whitmer
FOX 2 Detroit

GRAND RAPIDS, Mich. - A federal judge wants the Michigan Supreme Court to clarify some of the authority the governor has under emergency powers she has used during the COVID-19 pandemic.

On Thursday, the same day Gov. Gretchen Whitmer extended Michigan's state of emergency, Judge Paul Maloney out of the Western District asked the state's highest court to answer questions pertaining to if the governor's powers.

The request for clarification is connected to a lawsuit filed by a medical provider out of Grand Rapids after Whitmer banned non-essential procedures. However, the questions that Maloney is asking fall in line with several other lawsuits that citizens from Michigan have filed against Whitmer, including one sent by Senate Majority Leader Mike Shirkey (R-Clarklake).

After a Court of Claims judge ruled in favor of the governor, Shirkey and other parties requested the case go directly to the Michigan Supreme Court, bypassing the Court of Claims. The Supreme Court rejected the request. 

The questions at play are:

  • Whether the governor has the authority to continue renewing executive orders under the Emergency Powers of the Governor Act
  • If the Emergency Powers of the Governor Act violates the Separate of Powers as written in the Michigan constitution

Republican leaders in the House and Senate declined to extend Gov. Whitmer's emergency declaration beyond April 30 after she made a request to do so, arguing some of the executive orders she has issued infringed on the liberties of residents. Whitmer decided to issue another extension anyways. GOP lawmakers later sued the governor on May 6.

RELATED: Michigan Gov. Gretchen Whitmer extends state of emergency due to COVID-19 to July 16

While oral arguments for the Court of Appeals case are scheduled for August, the Michigan Supreme Court doesn't have to wait that long to answer questions posed by Maloney.

The state's highest court is welcome to respond to the questions but doesn't have to.

While many of the restrictions the governor put in place no longer pertain to the state's efforts to slow COVID-19 in Michigan, there are several rules regarding safety procedures and business operations that are still in place.

The federal judge's order is below: