Gov. Whitmer’s Executive Orders Ruled Unconstitutional By Michigan Supreme Court

Michigan Supreme Court Confirms Whitmer’s Orders Are Out

October 13, 2020

CBS Detroit – After the Michigan Supreme Court ruled that Governor Whitmer’s executive orders were unconstitutional under the 1945 Emergency Powers Act, the Governor appealed for clarification that she had a transition window until October 30 to work with the legislature before the court’s orders took effect.

Now Michigan’s highest court has spoken again and as reported by The Detroit News, ruled in a 6-1 decision that the orders had an immediate effect and denied her time to develop further legislation. …

The initial decision by the court ruled the 1945 Emergency Powers of the Governor Act was unconstitutional and “are of no continuing legal effect.” The 4-3 decision by Justices Markman, Zahra, Viviano, and Clement who represented the majority said the 1945 law gave legislative authority to the governor’s office.

Immediately after the October 2 ruling, the governor reissued mask and public gathering orders through the Michigan Department of Health and Human Services under state health statutes already on the books.


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