Posted on 07/21/2021 4:30:03 PM PDT by lightman
The law used by Gov. Gretchen Whitmer to issue emergency orders without legislative approval during the pandemic is getting repealed.
On Wednesday, the Michigan House approved Unlock Michigan’s initiative to repeal the Emergency Powers of Governor Act of 1945, from which Whitmer drew authority to unilaterally extend a state of emergency during the COVID-19 pandemic until the Michigan Supreme Court determined it was unconstitutional in October 2020.
The Unlock Michigan initiative does not impact another, more recent state of emergency law on the books that allows the governor to declare a state of emergency for 28 days, after which point the governor must seek legislative approval for a state of emergency to continue.
Republican representatives followed the lead of the Michigan Senate, voting 60-48 to approve the petition. Four Democrats joined the Republican caucus in supporting the measure: Reps. Sara Cambensy, D-Marquette, Tim Sneller, D-Burton, and Karen Whitsett, D-Detroit.
Under Michigan law, citizen-led ballot initiatives approved by both chambers of the Michigan Legislature do not need the governor’s approval to become law. But the Michigan Senate did not approve the measure to take immediate effect, meaning the law won’t officially come off the books until 2022.
“Our Unlock Michigan citizen army collected over 540,000 signatures in just 80 days,” Unlock Michigan spokesperson Fred Wszolek said. “Now, 292 days later, we’ll complete our mission with a final vote in the Legislature to end Governor Whitmer’s rule by decree.”
As in the Senate, House Republicans praised the effort as a means of preventing future instances of what they saw as an overreach by the Whitmer administration in issuing executive orders aimed at curbing the spread of COVID-19. Lawmakers have long been critical of Whitmer’s decisions to extend the state’s stay-home order, restrict in-person business and activity and implement mask-wearing requirements without input from lawmakers.
“Repealing the Emergency Powers of the Governor Act is a first important step to restoring representative government to our state and trusting the citizens to be a part of the solution to every problem, rather than being treated as though they are the problem itself,” Rep. Andrew Fink, R-Adams Township, said on the floor.
House Speaker Jason Wentworth, R-Farwell, said in a statement that hundreds of thousands of Michigan residents “changed Michigan forever when they decided they had enough” and said they deserved a state government willing to do the same. And Rep. Jack O’Malley, R-Lake Ann, said he wasn’t just voting yes on repealing the law — he was voting “hell yes.”
When the Legislature declined to extend the coronavirus state of emergency past April 30, Whitmer argued the Emergency Powers of the Governor Act gave her authority to continue the state of emergency and used broad executive powers to issue orders restricting in-person business and activity. She continued to do so until the Michigan Supreme Court determined she didn’t have that authority last fall.
Opponents of the Unlock Michigan initiative in the Legislature defended the actions Whitmer took during the pandemic. Rep. Julie Rogers, D-Kalamazoo, said Whitmer’s use of the 1945 law wasn’t the action of a “rogue governor following her own rules” — she was following a statute that was only ruled unconstitutional by the Michigan Supreme Court months later.
Other House Democrats criticized the Legislature’s move to approve the citizen-led initiative without letting a majority of Michigan voters decide for themselves whether they wanted the law repealed.
“This is supposed to go to the people... it’s not going on the ballot, it’s going here,” said Rep. Samantha Steckloff, D-Farmington Hills. “How many times are we going to stand up here and lie to people?”
The votes in the Legislature came after the petition was certified by Michigan’s Board of State Canvassers earlier this week, clearing the way for legislative approval. The Michigan Supreme Court ordered the Board of State Canvassers to certify the petition — in April, the board deadlocked 2-2 on the certification vote.
Unlock Michigan collected more than the 340,047 valid signatures needed to qualify for the ballot. Under state law, the Legislature gets the first pass at citizen-led ballot initiatives proposing statutory changes before they head to the ballot.
Opponents of the effort had expressed concern about the collection process and validity of some of the signatures. But the group’s signatures were ultimately deemed valid by Secretary of State Jocelyn Benson, and an investigation into the conduct of Unlock Michigan petition circulators by Attorney General Dana Nessel’s office found it ‘sleazy,’ but not illegal.
Keep Michigan Safe, a group formed to oppose the Unlock Michigan repeal effort, in a statement called the measure a “brazen political power grab.”
“Today, House Republicans voted to eradicate an important tool for elected leaders trying to save lives and stop the spread of deadly, infectious diseases like COVID-19, Legionnaire’s, tuberculosis and anthrax,” Keep Michigan Safe spokesperson Mark Fisk said.
The Michigan Supreme Court ruling effectively struck down Whitmer’s initial executive orders, though public health orders issued since then under a different law remain constitutional.
Unlock Michigan is expected to begin collecting signatures soon on a new ballot drive to curb the Department of Health and Human Services’ ability to issue emergency orders after the Board of State Canvassers signed off on that petition language last week.
She’ll still use other state agencies to do her dirty work
Whitmer, Nessell, Benson...They’re not compatible with the great character of the Great Lake State (MI). However, they may be compatible with a Great Fake State; just don’t call it Michigan.
In NYS the legislature is just do it next time.
So note to folks who were thinking about moving back: I’d reconsider.
Here’s a handy test: If the legislature didn’t stop the governor, remove the governor responsible, then the legislature ain’t serious about repeal/reform.
Her use of the 1945 law was ruled unconstitutional by the MI Supreme Court, and they still have to wait until 2022?!
That is really from bizarro land.
Good sign. More please.
Duly noted!
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