The Michigan Supreme Court told Gov. Gretchen Whitmer her orders have “no continuing legal effect” and denied her request to delay the effective date of its decision that ruled the law underpinning Whitmer’s executive orders was unconstitutional.
The high court’s two orders prompted the immediate cancellation of Monday’s previously scheduled virtual city council meetings in Flint and Lansing, and put pressure on Whitmer and the Legislature to replicate her orders about allowing online government meetings during the pandemic into state law.
In a 4-3 decision, the Supreme Court said Whitmer’s orders issued under the 1945 Emergency Powers of the Governor Act “are of no continuing legal effect.” The majority consisted of Republican-nominated justices Stephen Markman, Brian Zahra, David Viviano and Beth Clement who formed the majority who earlier ruled the 1945 law was an unconstitutional grant of legislative authority to the governor’s office.
Neither of Monday’s rulings appear to affect Whitmer’s authority through the state health department to issue other public health orders related to the coronavirus pandemic.
The Mackinac Center for Public Policy, which represented the medical centers at the center of the federal lawsuit that led to the Oct. 2 ruling, said it was exploring the legality of the Michigan health department’s orders…
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