LANSING, MI (WKZO AM/FM) — The Michigan Supreme Court has voted against extending Governor Whitmer’s Executive Orders regarding COVID-19 until the end of the month, WOOD TV reported Monday.
The ruling concerns Whitmer’s orders that were recently struck down by the Michigan Supreme Court on Friday, October 2. The court had determined it was unconstitutional that the governor used a 1945 law to respond to the coronavirus pandemic, implementing restrictions like masks requirements, capacity limits, business closures, and more.
The finding of the 1945 emergency law had been found unconstitutional in a 4-3 vote.
This prompted Whitmer to ask for clarification as to exactly when those Executive Orders would no longer be in effect, as well an extension on the orders until the end of the month.
Whitmer and her administration had said the extension was needed to sort out issues like unemployment, adding that thousands of Michigan residents could lose their benefits should the orders be removed.
“We need this transition period to protect the 830,000 Michigan workers and families who are depending on unemployment benefits to pay their bills and put food on the table, and to protect Michiganders everywhere who are counting on their leaders to protect them,” Whitmer said in a previous statement.
The ruling also prompted the Michigan Department of Health and Human Services (MDHHS) to issue emergency pandemic orders of their own, which largely retain Whitmer’s orders that had previously been established. MDHHS Director Robert Gordon has the authority to issue these orders if he determines that control of an epidemic is necessary to protect the public health.
On Monday, it was announced that the Michigan Supreme Court will not grant that extension to Whitmer.
In a 6-1 vote, court Justices said that since the 1945 emergency powers law was found to be unconstitutional, any orders made under it are now void.
“Executive orders issued under that act are of no continuing legal effect,” Justices wrote in their ruling. “This order is effective upon entry.”
However, the court also wrote that there are other legal avenues that can be used to respond to the COVID-19 pandemic, and reports from WOOD TV say Whitmer is now in talks with lawmakers on how to negotiate emergency responses going forward. Those discussions will include unemployment benefits.
