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Gov. Gretchen Whitmer and Senate Majority Leader Mike Shirkey
A political clash over whether to extend Michigan's state of emergency will likely be settled by the state Supreme Court, the Detroit News reports. But which way it will go remains a mystery, as partisan "experts" offer little in the way of clues.
Governor Gretchen Whitmer says she has sole discretion to keep the order in place. Republicans plan to sue, saying she needs legislative approval. They've signaled an unwillingness to extend the emergency, which is the basis for a number of controversial unilateral actions including the state's stay-home order.
The Detroit News tells us the case has not yet been filed and could take days or weeks for the state's highest court to decide. A pro-business Democrat says Whitmer will prevail, while a Republican says the Republicans will.
We sifted through the News piece to find an expert who didn't appear to be flying a flag for either party. John Pirich, a long time elections attorney who represented Donald Trump in a recount case in 2016, says he thinks Whitmer would win.
The News provides context on the statutes at play:
One law from 1945 allows the governor to declare an emergency and issue orders "to protect life and property or to bring the emergency situation within the affected area under control." That law suggests it's up to the governor to determine when the emergency ends.
Another law from 1976 allows the governor to declare an emergency and take unilateral actions without the Legislature. The law says the governor "is responsible for coping with dangers to this state or the people of this state presented by a disaster or emergency."
... Pirich ... believes the governor has powers under the 1945 law and it would be unlikely that a court would stop her from trying to protect citizens' health and safety.
“I think the 1945 statute is explicit, straightforward and crystal clear,” he said.
Whitmer extended the state of emergency from April 30 to May 28 on Thursday, just hours after the GOP-led Legislature authorized the suit to applause from armed demonstrators.
