by: WOODTV.com staff
LANSING, Mich. (WOOD-TV) —The emergency declarations and orders to curb the coronavirus by Gov. Gretchen Whitmer clearly fall within the scope of her legal powers, the Michigan appeals court ruled Friday, rejecting a lawsuit filed by the Republican-led Legislature.
The court's 2-1 ruling upheld a lower judge’s decision and expected to be appealed to the state Supreme Court.
Appeals court Judge Jane Markey wrote in an opinion joined by Judge Kirsten Frank Kelly, saying, “We conclude that a governor has the authority to declare a statewide emergency and to promulgate reasonable orders, rules and regulations during the pendency of the statewide emergency as deemed necessary by the governor, and which the governor can amend, modify, or rescind."
“Additionally, a declared statewide emergency only ends upon the governor’s declaration that the emergency no longer exists. That has yet to occur in the instant case.”
Whitmer spokesperson Tiffany Brown praised the ruling in a statement, saying the court had “handed the governor a complete and decisive win in her efforts to protect the people of Michigan from this once-in-a-lifetime global pandemic.”
Lee Chatfield, Michigan Speaker of the House, (R-Levering) ,tweeted that the court “got it wrong” and said the governor should not have the power to extend such an emergency without the backing of the Legislature.
Chatfield promised the case will be appealed to the Michigan Supreme Court.
You can read the full ruling here: Read the full ruling from the Court of Appeals (PDF)
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