Lawmakers take on Whitmer in court over emergency powers

Michigan

LANSING, Mich. (WLNS) — Republicans want Judge Cynthia Diane Stephens to strike down the governor’s stay-at-home orders and restrictions related to the coronavirus.

Michael Williams represents the Michigan House of Representative and Senate.

“There needs to be some mechanism by which the people’s legislators can say, no we’re ready to take the reins, we’re ready to be the ones to actually reassume the lawmaking power now that the expedience has passed.”

Christopher Allen is representing governor Whitmer and he said, “her duty to declare an emergency if the conditions require it persists, there’s nothing in the text at all about the governor’s inability to continue responding if the disaster exists.”

The lawsuit said a 1945 law giving the governor broad emergency powers, governs local, not statewide emergency declarations. It also mentions the 1976 law only gives her emergency authority for 28 days, which makes her extension currently in place invalid.

“The governor here, however, has tried to take the powers that are granted by those acts and leave the limits on the table and as we explained in our briefing your honor, that simply unacceptable,” said Williams.

After Judge Stephens concluded the case she said, “You will obviously get something in writing which will certainly not be the last word, it’ll be on its way to my big bosses, the supreme court.”

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