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Fed Court: Let Michigan Supremes Decide If Whitmer's Emergency Powers Valid

Current law puts no time limit on assumption of extraordinary powers

A Mackinac Center Legal Foundation lawsuit challenging the legality of Gov. Gretchen Whitmer’s powers during a declared state of emergency may get a hearing in the Michigan Supreme Court.

The United States District Court Western District of Michigan said questions by the suit over the legality of Whitmer’s powers under the state Emergency Management Act of 1945 are “extremely important issues of Michigan state law.” That law provides no limit on how long a governor may retain the extraordinary powers it authorizes, and does not require legislative consent.

The lawsuit was filed in May on behalf of medical providers and a patient. The federal court “certified” the issues on June 10 and sent them to the Michigan Supreme Court to be considered.

Now, it’s up to the Michigan Supreme Court whether to act on it.