Michigan Republicans move to restrain governor’s emergency powers

The Republican-controlled legislature in Michigan will hold a session on Friday to reconsider the powers granted to Democratic Gov. Gretchen Whitmer.

Whitmer, who is said to be under consideration to be a vice presidential running mate to Joe Biden, implemented some of the most aggressive stay-at-home policies in the nation in response to the coronavirus pandemic, prompting protests throughout the state. In response to Whitmer’s executive orders, the legislature is looking to limit the governor’s executive authority and to create an oversight committee to analyze Whitmer’s handling of the pandemic.

“The House & Senate will convene tomorrow to create a special oversight committee on COVID-19 to examine our government’s response,” Speaker of the House Lee Chatfield tweeted Thursday night. “Michigan needs to handle this pandemic seriously yet properly. It’s what the people deserve, and we will see that it happens.”

As the state House looks at creating the oversight committee, the Senate will be analyzing two bills that would restrict Whitmer’s executive powers by repealing the 1945 Emergency Powers of the Governor Act, ending the governor’s broad power to declare emergencies in times of “great public crisis.” They also plan to amend the Emergency Management Act of 1976 to limit how long the governor can place the state under an emergency declaration. Right now, Whitmer can declare an emergency for 28 days. This bill would cut that in half.

Whitmer has indicated she intends to extend the current emergency declaration after it expires on May 1. She has used the situation to threaten protesters who do not abide by social distancing guidelines by vowing to extend the order.

“The 1945 law is more vague and less constrained. We do not feel that law applies to the situation we’re facing today,” state Sen. Tom Barrett told the Detroit Free Press. “And we feel that we have a balance of power in state government, and we need to put more legislative control into that power balance.”

Whitmer vowed to veto either piece of legislation. Republicans do not have a veto-proof majority to overturn the governor’s actions, making it an uphill battle for the GOP to recruit Democrats to turn against Whitmer.

“Of course, I will veto bills that they send over to limit the executive power. I’ve been very clear about that from day one,” Whitmer said Thursday. “Those blatant power grabs are bad in good times and dangerous in times of crisis.”

She also said, “And certainly [the legislators] have a role to play. We have really bent over backwards to make sure that we’re sharing information with them. And I think it’s worked pretty well. It’s not perfect, and we don’t agree on everything to be sure. But we have gone out of our way to try to keep them included so that they knew what and why the actions that I was taking were necessary.”

Whitmer appears to have the support of her party. House Minority Leader Christine Greig called the Republican legislation “obnoxious,” adding, “It’s another political stunt that’s not putting the health of the state as a top priority.”

As of Thursday, Michigan had more than 35,000 confirmed cases of COVID-19 and 2,977 related deaths.

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