Tensions have been high for months in Lansing, and the battle lines have been drawn ever since Michigan Gov. Gretchen Whitmer extended the current state of emergency through May 28th, but now a court battle looms as the Michigan Legislature has filed suite against the governor.
House Speaker Lee Chatfield and Senate Majority Leader Mike Shirkey today announced they have filed a lawsuit against Gov. Whitmer.
Voicing concern that the governor could extend things indefinitely, if left unchecked, the legislative leaders filed suit this morning in the Michigan Court of Claims against Whitmer for her failure to comply with existing state law and for her disregard of the Michigan Constitution.
Shirkey says, “The Legislature did not approve an extension of the state emergency declaration and as such we expected the declaration to end. 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.”
Speaker Chatfield says, “We all know strong action is required to combat COVID-19 and keep our communities safe, but the one-size-fits-all actions the governor has taken simply haven’t been good enough. Local communities have been devastated even in areas where the virus has hardly made an appearance. Thousands of small family businesses have been shut down unnecessarily and with no benefit to the public health. And access to healthcare has been shut off for millions of people who cannot afford to wait any longer. The people we represent need a better plan, and we want to work with the governor to help her do better.”
Chatfield continues, “We extended our hand to the governor last week and offered several times to work with her to improve the state’s response and improve the status quo that is hurting so many people. She rejected that offer and chose to go it alone, in a way that is against the law. We have to stand up for the people we represent, their concerns and their legal rights. This lawsuit will bring everyone back to the table and ensure a better, bipartisan solution to the COVID-19 pandemic.”
Michigan was under a legislative-approved emergency declaration through April 30, 2020 based on the approval of Senate Concurrent Resolution 24 on April 7, 2020. With the emergency declaration set to expire on April 30, the Legislature chose not to extend and instead passed legislation to place into law a series of policies outlined in several executive orders.
Senate Bill 858 would have placed into law several measures, including the current extension of unemployment benefits, liability protection for health care workers, and the ability for schools to continue distance learning programs. The governor vetoed the bill earlier this week.
The Senate and House have jointly retained Bush Seyferth PLLC to represent the Legislature in the lawsuit.
Shirkey says, “We firmly believe the governor is acting beyond her authority and has left us no choice other than to seek clarification from the courts.”
Click this link to see the actual lawsuit document: Suit-Against-Whitmer
Click the link below to see the motion for declaratory judgment:
