Lawmakers in Michigan are responding to Democratic Gov. Gretchen Whitmer after she implemented strong restrictions to try to combat another wave of COVID-19 infections.
“The Supreme Court has told the governor that she needs to work with the legislature. I think the onus is placed on the governor to work with the people’s chamber, unfortunately, she has not done that,” Michigan state Rep. Phil Green told the Washington Examiner when asked about Whitmer’s restrictions, which went into effect Wednesday.
Green’s comments echoed that of fellow Republicans, including Michigan Speaker of the House Lee Chatfield, who implored the governor to work with the GOP-controlled legislature.
“The Legislature, which is the voice of the people of Michigan, led the way with a smarter plan of action to address this crisis back in the spring, which the governor ignored,” Chatfield said in a Facebook statement after Whitmer’s new restrictions were announced.
“The people of Michigan have been through enough, and they deserve a seat at the table when major decisions like these are made,” Chatfield continued. “Those decisions are made better and safer when they do. The Supreme Court even agreed with us. They said the Constitution still mattered even in a pandemic.”
“It’s time the governor begins working with others and stops ignoring the other two branches of government,” Chatfield concluded.
Michigan’s GOP-controlled legislature sued the governor over her COVID-19 executive actions earlier this year, which eventually led to the state’s Supreme Court striking down Whitmer’s emergency powers in early October.
Whitmer is issuing the new directives through the Michigan Department of Health and Human Services, a workaround some lawmakers say is legally questionable.
Several new rules were issued, including mandatory use of face masks in public and at gatherings; the closing of in-person instruction for high schools and a prohibition on youth athletic competitions; an indoor gathering limit of 10 people; the closing of theaters, stadiums, arcades, bowling centers, ice skating rinks, and indoor water parks; and a capacity limit of 25% for retail stores.
“She has figured out another loophole to push her agenda,” Green said. “What she is using now is the public health act. She does not want to do the hard work of getting stuff done correctly.”
Rep. Jack O’Malley told the Washington Examiner that his discussions with legal experts have led him to believe the governor is close to going over a legal line or perhaps has already crossed that line. If she has, she could trigger more lawsuits in the same way she did earlier this year.
“If she’s always had this power through these agencies … why the hell was she using the emergency management powers for so long,” the Republican representative said. “That’s a legitimate question.”
“Here’s the thing that’s really gotten frustrating,” O’Malley continued. “I think we all agree we have a problem. I think we all agree we need to be smart about how we do this.”
O’Malley added that during the first few weeks of the pandemic, most of the legislature was behind the governor. But it didn’t take long for things to change when she began using a “very heavy-handed approach.”
“She chose to go it alone,” O’Malley said. “And it was at that point that she began using a very heavy-handed approach. And we are now at a position where there are a lot of people who are just fed up.”
“Instead of asking people, you start telling people,” O’Malley continued. “Then you tell them at the point of a bayonet, ‘If you don’t do this, you’re going to jail for six months, you’re getting a thousand dollar fine, you may lose your license.’ That ticks people off. That’s not how you get people to come together.”
Green believes Whitmer has intentionally misinterpreted the public health law.
“We have to go back to the intent of this law for an imminent public health threat,” Green said. “When it was written, it was never intended to be used as a weapon against the people.”
“This governor thrives on chaos,” Green continued. “It’s really sickening watching this.”
O’Malley said it’s time for the governor to involve the legislature in her decision making.
“You get the legislature, let’s work on this together, let’s push this message forward, we do have a pandemic,” O’Malley said. “But when you stand on the hill and plant your flag and give everybody else the raspberries, people get upset.”
“Let’s also remember that it was not only the Supreme Court that she was rebuked by,” Green said. “The elections happened in November, and in the state of Michigan, the statehouse remained in Republican control. So the people of the State of Michigan gave her a big solid rebuke as well.”
“There wasn’t a blue wave, we retained the majority,” O’Malley said. “That should say something.”
O’Malley said the Republican legislature’s plan takes a more regional approach, which he believes is a more reasonable response.
“We have offered a plan that is more regional, we’ve asked to talk to the governor about that regional plan as opposed to painting with a roller, how about we paint with a fine brush,” O’Malley said. “I think it makes a lot of sense as opposed to these sweeping mandates.”
O’Malley said the governor has been unwilling to consider the consequences of her actions, leading to problems that aren’t directly caused by the virus itself.
As a member of the state’s COVID Oversight Committee, O’Malley had the opportunity in October to question Michigan’s chief medical officer and state epidemiologist about the state’s response. While both hailed the success of Michigan’s COVID restrictions, neither knew anything about the deteriorating mental health of some of the state’s residents.
“I asked the good doctor, and the state epidemiologist was there as well, ‘You’re making these decisions, and you’re moving forward. But what I’m hearing is our mental health is deteriorating, our suicide attempts are way up, our suicides are up, ‘what are the suicide stats in the state of Michigan,’” O’Malley said.
“And you know what her answer was? ‘I don’t know.’ She turned to the epidemiologists and asked, ‘Do you know what they are? ‘No, I don’t know, we don’t really have those put together,’” O’Malley continued.
“If you are treating a patient, how can you make decisions and not know the potential consequences of those decisions,” O’Malley questioned.
Some in the state’s legislature have tired of trying to get Whitmer to involve them, opting instead to launch an impeachment effort against the governor.
“Today, myself and a growing list of Michigan Legislators have decided that @GovWhitmer has crossed the line and will be calling for #ImpeachWhitmer hearings,” state Rep. Matt Maddock announced on Twitter Sunday. “The list of violations is long and the call is overdue.”
Maddock said the effort has the backing of fellow Republican state Reps. Daire Rendon, Beau LaFave, Ryan Berman, Shane Hernandez, and John Reilly.
O’Malley said he isn’t ready to go that far but wouldn’t rule it out as a future option.
“I’ve been through two impeachments of presidents,” O’Malley said. “And I saw how divisive they were, and what a mess they were. And I don’t think right now we need more divisiveness in this state.”
“I think an impeachment is something that is very delicate because ultimately the people of Michigan put this governor in place,” O’Malley continued. “I would contend that was the people’s mistake, and the people need to rectify that in two years. The people need to speak, either at the ballot box or in a recall.”
O’Malley also noted that the effort would likely fail. While Republicans do have a majority in both chambers, they do not have the required two-thirds majority in the senate.
“I think right now it would fail and why put everybody through that,” O’Malley said.
Instead, O’Malley plans to focus his efforts on getting the governor back to the bargaining table but admitted that task would not be easy.
“I don’t think she’s in a together mode,” O’Malley said. “She’s in a ‘her’ mode, and that’s how she operates.”
