(today)
In response to the Court’s ruling, the governor incorrectly stated that the decision is not effective for another 21 days: Under Michigan Court Rule 7.315(C)(4), “unless otherwise ordered by the Court, an order or judgment is effective when it is issued…” Not 21 days later. Immediately. Her emergency powers are over, and either the Court or the attorney general should publicly clarify that Whitmer’s executive orders no longer have any force of law.
(02.10.2020)
She warned the court order doesn‘t take effect for another 21 days and some of the measures put in place to control the virus can continue under „alternative sources of authority not at issue in today‘s ruling.“
(03.10.2020)
The court ruled that Whitmer lacked authority under each of the two laws that govern states of emergency in Michigan to extend the state of emergency passed April 30, when her first state of emergency declaration expired, according to Mlive.com. Those two laws are the 1976 Emergency Management Act (EMA) and the 1945 Emergency Powers of the Governor Act (EPGA).
(02.10.2020)
The Michigan Supreme Court ruled on Friday that Gov. Gretchen Whitmer lacked the authority after April 30 to declare a state of emergency under the 1976 Emergency Management Act.
The court also ruled that the 1945 Emergency Powers of the Governor Act (EPGA) was unconstitutional, and that it did not provide a basis for Gov. Whitmer to exercise emergency powers.