After a slew of promises that something was going to be filed, the Michigan GOP leaders in the House and Senate finally filed a lawsuit against Big Gretch and her executive orders. As my colleague, Alex Parker covered here last Thursday, Instead of Approving Gov. Whitmer’s Extension, Michigan House Republicans Vote to Sue Her and Speaker Chatfield and Majority Leader Shirkey finally did it.
According to WDIV Channel 4
“We firmly believe the governor is acting beyond her authority and has left us no choice other than to seek clarification from the courts,” Senate Majority Leader Mike Shirkey said.
House Speaker Lee Chatfield said the lawsuit was filed due to Whitmer’s “failure to comply with existing state law and for her disregard of the Michigan Constitution.”
“The Legislature did not approve an extension of the state emergency declaration and as such we expected the declaration to end,” Shirkey said. “Instead, we saw the governor ignore the law, unilaterally extend the emergency, and write new executive orders. If left unchecked, the governor could extend her authority indefinitely. Michigan citizens cannot wait that long for a path forward to regain their lives and their livelihoods.”
The issue here is that there are two laws that give the Governor some discretion. The first one was passed in 1945 after the Detroit riots and simply gives the Governor the ability to quell an uprising as was needed during the 45 disturbance. The law passed in 1976 clearly says that the Governor can declare an emergency during any time (including pandemic) but the Guv would need to go to the legislature after 28 days to get an extension. Whitmer canceled her original E.O. from the beginning of April and reissued ones now declaring she has a new time clock and does not need approval.
Isn’t she dreamy?
If the courts allow the Guv to get away with this, then any governor current or future could keep the citizens of the State of Michigan in an emergency lockdown in perpetuity by issuing an E.O. and canceling it every 27 days and ordering new ones.
As the GOP Leader Laura Cox said in a statement after the lawsuits were filed…
“Today Majority Leader Shirkey and Speaker Chatfield have taken a stand for the Michigan Constitution and the system of checks and balances our state and nation are built on. No single person, despite their intentions, should be given unilateral power over our state indefinitely. The time has come for the Governor to work with the Legislature to get our state through this crisis. After all, Michigan’s other governors have handled every other crisis in that fashion since our state’s founding.”
The only problem is a lot of people in Michigan are questioning whether or not the GOP leadership has the stomach for this fight. The Governor is still popular with an approval rating around 61% and the GOP in this state hates to be seen as boat-rockers. However, when you have Whitmer saying you can golf but not use a golf cart based on “data and science” take a roll of the dice and pound that moronic stance into the ground with or without a lawsuit.
Live a lil’, guys. You might realize that you enjoy fighting for something other than cheap political points.
Make us proud of whether or not you win or lose this court fight.
That would be a pleasant change of pace.