Court of Appeals upholds Whitmer's emergency powers

The Michigan appeals court says Democratic Gov. Gretchen Whitmer's emergency declarations and orders to curb the coronavirus clearly fall within the scope of her legal powers.

The court in a 2-1 ruling Friday rejected a lawsuit filed by the Republican-led Legislature. The decision is expected to be appealed to the state Supreme Court.

The judges denied GOP lawmakers' contention that a 1945 law only lets a governor indefinitely extend emergencies that are local, not statewide, in nature.

It's the second legal victory that Whitmer has scored in a long-winding battle over her usage of emergency declarations and the executive orders she has signed under those declarations. 

In a statement, Whitmer said the court gave her a "complete and decisive win."

"This decision recognizes that the Governor’s actions to save lives are lawful and her orders remain in place. As the Court concluded: “[T]he Governor’s declaration of a statement of emergency, her extensions of the state of emergency, and her issuance of related EOs clearly fell within the scope of the Governor’s authority under the EPGA (Emergency Powers of Governor Act).” 

Republican House Speaker Lee Chatfield wrote on Twitter that the ruling was unconstitutional and set an "extremely dangerous" precedent.

"The Court of Appeals got it wrong today. Our Constitution is clear, and separation of powers is real. No Governor, Republican or Democrat, can have unilateral control over a state based solely on their judgment."

The back-and-forth between Whitmer and Republican leadership began soon after the governor declared an emergency and began enacting executive orders. While the legislature approved the first two declarations, they declined to vote on a third extension. 

Shortly after the governor ignored the GOP's vote to not extend again and did it anyways, they began filing lawsuits.

You can read the court's opinion below.

The Associated Press contributed to this report

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