House Speaker Chatfield and Senate Majority Leader Shirkey filed a lawsuit Wednesday challenging whether the Governor can unilaterally issue rolling, consecutive emergency orders.
At question is whether the Governor’s emergency declarations, such as the “Stay Home” order, can be extended without legislative approval. The issue arises due to confusion regarding the interaction of two statutes and which one trumps in this matter. On one hand there is the 1976 Emergency Management Act, which gives the governor emergency powers but also requires the Legislature’s approval for further measures after an emergency declaration has been in effect for 28 days. On the other hand is a 1945 law, known informally as the Riot Act, which allows the governor to declare a state of emergency and have emergency powers but doesn’t include the 28-day deadline.
The lawsuit, which was filed in the Michigan Court of Claims and requests a “speedy hearing,” argues that Whitmer’s actions violated constitutional requirements for “separation of powers among co-equal branches of government” and seeks a declaratory ruling that her emergency orders were unlawful.
It is clear there is a lot of frustrations and confusion surrounding the Governor’s Executive Orders. The Chamber will be keeping a close eye on this lawsuit and update you with any substantial developments.