LANSING, MI (WKZO AM/FM) — Monday, Governor Gretchen Whitmer and Michigan Department of Health and Human Services (MDHHS) Director Robert Gordon announced that a motion has been filed with the Michigan Supreme Court to request further clarification on their recent Emergency Powers ruling.
On Friday, October 2, the Supreme Court ruled that 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 ruling also came on the same day where 539,000 signatures were submitted to repeal the 1945 Emergency Powers of the Governor Act.
Whitmer and Gordon have filed this motion to clarify that the ruling does not take effect until Friday, October 30. In a written statement Monday, Governor Whitmer stresses that a transition period is needed between now and the effective date.
“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. “The Supreme Court has spoken, and while I vehemently disagree with their ruling, I’m ready to work across the aisle with Republicans in the legislature where we can find common ground to slow the spread of the virus and rebuild our economy. It’s time for Republicans in the Legislature to get to work and start showing that they are taking this crisis seriously. They can start by canceling their October recess and getting back to work. Let’s work together and get this done.”
Had the ruling gone into effect immediately, up to 830,000 Michigan workers and their families could lose unemployment benefits, Whitmer’s office said.
Director Robert Gordon also released a statement on the need for a transition period.
“The Supreme Court’s ruling raises several legal questions that we are still reviewing. While we are moving swiftly, this transition will take time,” Gordon said in a statement. “Make no mistake, Governor Whitmer will continue using every tool at her disposal to keep Michigan families, frontline workers, and small businesses safe from this deadly virus. The same is true for our department. We will use every statutory tool available to protect our state employees and the residents we serve. We also need Michiganders to do their part by wearing a mask, maintaining six feet of physical distancing, washing hands frequently, and getting their flu vaccine. We will get through this together.”
Michigan Department of Labor and Economic Opportunity Director Jeff Donofrio adds that officials are working to ensure continued protections for Michigan workers under the new measure.
“A transition period is critical to ensure protections for the 830,000 unemployed Michigan workers and families who are counting on us. These are men and women who lost their jobs due to COVID-19, and depend on expanded benefits to buy prescriptions and groceries, pay their mortgage, and provide for their families, ”Donofrio said in a statement. “During this crucial transition, we will work closely with the governor and leaders everywhere to protect our workers whose jobs were affected by COVID-19.”
The ruling of the Supreme Court has caused some health departments in Michigan to release statements of their own, including areas such as Kalamazoo County.
“If necessary, I am considering options for subsequent developments, such as issuing emergency orders for Kalamazoo County,” Health Officer Jim Rutherford said in a written statement. “Under The Public Health Code (Public Act 368 of 1978), health officers have the authority to issue such emergency orders if needed to protect the public’s health during an epidemic. I am prepared to issue such orders.”
Meanwhile, under the new ruling, Attorney General Dana Nessel says that her office will no longer prosecute citizens in violation of COVID-19 executive orders. A statement from Nessel’s office can be viewed here.
To view the motions filed today, click the links below:
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