Gov. Gretchen Whitmer already announced plans to use her veto power after Michigan Republicans introduced a bill to scale back her executive authorities.
Whitmer has taken some of the most aggressive actions to enforce social distancing, including banning the sale of "nonessential" goods and forbidding travel to other residences. Her actions triggered protests in the state on Wednesday. On Thursday, Republicans introduced two bills to rein in Whitmer's power.
The first bill would repeal the 1945 Emergency Powers of the Governor Act and eliminate the governor's broad power to declare emergencies in times of “great public crisis.” The second would change the Emergency Management Act of 1976 to limit the length of any emergency declared by the governor to 14 days. It currently allows for a declared emergency to stand for 28 days.
"The 1945 law is more vague and less constrained. We do not feel that law applies to the situation we’re facing today,” 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 first declared a state of emergency on March 10 and escalated the order several times in the weeks that followed. As her emergency authorities were set to expire, Whitmer asked the state legislature to expand the emergency into mid-June, but the body agreed only to extend the emergency until May 1.
After the emergency was extended, she again implemented stricter measures, including a ban on the sale of gardening equipment and travel between residences, sparking statewide outrage.
Barrett said that action triggered Republicans to draft the new legislation. He explained, “After that happened, when the governor tightened up some restrictions, that’s why you saw the backlash. The governor is no longer acting in a rational way.”
Republicans will face an uphill battle to strip any of Whitmer's powers. Her office announced on Thursday evening that she would veto the bill.
"Gov. Whitmer will not sign a bill that would diminish her ability to protect citizens of this state from a deadly disease that has already killed thousands of people in Michigan,” her team said.
While Republicans have the majority in the state House and Senate, they would need two-thirds support in both chambers to override her veto.