Michigan Supreme Court Rejects Gov. Whitmer’s Request, Rules Executive Orders Were Unconstitutional Effective Immediately

(Photo by JEFF KOWALSKY/AFP via Getty Images)

Brianna Lyman News and Commentary Writer
Font Size:

The Michigan Supreme Court told Democratic Gov. Gretchen Whitmer on Monday that her pandemic executive orders “are of no continuing legal effect,” after Whitmer filed a Motion last week to extend the delay of the effective day of the court’s previous ruling that ruled Whitmer’s pandemic executive orders were unconstitutional.

The state Supreme Court ruled Oct. 2 that Whitmer’s extension of emergency declarations used to mandate lockdown restriction were unconstitutional. However, the ruling caused confusion since it reached the Supreme Court in a rather unconventional matter. A federal judge asked the court about the constitutionality of two laws related to Whitmer’s emergency powers executive orders, according to Fox News.

Following the order, Whitmer asked the justices on Oct. 5 to give her administration 28 days to transition and find other “alternative executive authority” to address pandemic related issues, according to CNN. (RELATED: ‘I’m Not Changing The Way I Run This State’: Whitmer Refuses To Apologize For Coronavirus Restrictions)

Her administration reimplemented mask requirements, gathering limits and other restrictions through the state health department, according to WZZM 13. However, legislators are negotiating with Whitmer separately  to deal with other orders negated by the ruling like unemployment benefit extensions.

However, the court rejected Whitmer’s extension request Monday, writing “our decision today … leaves open many avenues for our Governor and Legislature to work together in a cooperative spirit and constitutional manner to respond to the COVID-19 pandemic,” per CNN.

Monday’s decision also reversed a lower court’s judgment in a lawsuit brought by the Republican controlled state legislature, saying “the Emergency Powers of the Governor Act is incompatible with the Constitution of our state, and therefore, executive orders issued under the act are of no continuing legal effect.”

Republican Speaker of the Michigan House Lee Chatfield tweeted Monday the decision was a “big win.”

“Another big win at the Supreme Court today! The law is the law, and partisan politics can’t change that. The people will finally have their voices heard in this process. The House is in again tomorrow, and I hope the Governor is ready to cooperate. It’s time to work together!”