A judge in Michigan threw out a lawsuit brought by Republican leaders opposing Gov. Gretchen Whitmer’s extension of a statewide lockdown during the coronavirus pandemic.
Michigan Court of Claims Judge Cynthia Stephens issued an opinion on Thursday that said the case, brought earlier this month by the GOP-led state House and Senate, was “meritless” and based on arguments that “selectively rely on parts of the statute and ignore the contextual whole.”
GOP lawmakers sued on May 7 after the Democratic governor extended her stay-at-home to next Thursday in late April without their approval.
Stephens found that Whitmer’s actions were covered by the state’s Emergency Powers of Governor Act of 1945, even as she sided with Republicans in their argument that the governor exceeded her authority in citing the Emergency Management Act of 1976, which requires approval by the legislature.
“Through two distinct acts, stated in plain and certain terms, the Legislature has granted the governor broad but focused authority to respond to emergencies that affect the state and its people,” the judge said.
Republicans said they plan to appeal the ruling, according to the Detroit Free Press.
“We are vindicated in our assertion that the governor acted unlawfully in attempting to extend the states of emergency and disaster under the Emergency Management Act without legislative approval,” Senate Majority Leader Mike Shirkey said. “We are confident in our position and will appeal this ruling.”
Whitmer’s team celebrated the ruling, stating the governor “will continue to do what she’s always done: take careful, decisive actions to protect Michiganders from this unprecedented, global pandemic,” the statement said. “We owe it to our front-line heroes who have been putting their lives on the line to pull together as a state and work as one team to stop the spread of this virus.”
