Michigan Supreme Court Rules Against Governor’s Coronavirus Mandates
Friday October 2, 2020
Some of the harshest coronavirus mandates in America have been imposed by Michigan Governor Gretchen Whitmer. On Friday, the state Supreme Court ruled against the continuation of those unilateral mandates, saying under state law they should have expired months ago.
Dave Boucher and Todd Spangler write at the Detroit Free Press:
In the 4-3 ruling, the court determined the governor did not have the authority under state law to issue any additional emergency declarations pertaining to the pandemic after April 30. That was the last date when the Legislature allowed the governor to declare an emergency, having declined to extend an earlier declaration.Read Boucher and Spangler’s detailed article regarding the court’s decision and its effects here.
"The governor’s declaration of a state of emergency or state of disaster may only endure for 28 days absent legislative approval of an extension. So, if the Legislature does nothing, as it did here, the governor is obligated to terminate the state of emergency or state of disaster after 28 days," said the majority opinion, written by Judge Stephen Markman.
In May, the Supreme Court of neighboring Wisconsin struck down much of the coronavirus mandates that had been unilaterally imposed by that state’s governor.
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