LANSING, MI (WKZO AM/FM) — There are many questions surrounding Governor Gretchen Whitmer’s executive orders amid the coronavirus pandemic.
On Friday, the Michigan Supreme Court ruled that it was unconstitutional that the governor used two emergency acts to continue the state of emergency amid the pandemic and implement restrictions like masks requirements, capacity limits, business closures, and other precautions. The ruling focuses on the Emergency Management Act from 1976 and the Emergency Powers of the Governor Act from 1945.
Now, Attorney General Dana Nessel says she will no longer prosecute Michiganders who violate the governor’s orders.
On Sunday, Press Secretary Ryan Jarvi issued a statement on behalf of Nessel saying:
“In light of the Supreme Court’s decision on Friday, the Attorney General will no longer enforce the Governor’s Executive Orders through criminal prosecution. However, her decision is not binding on other law enforcement agencies or state departments with independent enforcement authority. It’s her fervent hope that people continue to abide by the measures that Governor Whitmer put in place – like wearing face masks, adhering to social distancing requirements and staying home when sick – since they’ve proven effective at saving lives. If it weren’t for the Governor’s actions, countless more of our friends, family and neighbors would have been lost to COVID-19. We can respect both the court’s decision and the advice of medical experts by continuing with these important measures voluntarily.”
Governor Whitmer reminded everyone in a statement on Friday that the ruling does not take effect for 21 days and that many of her responsive measures may continue under “alternative sources of authority.”
The governor’s Press Secretary Tiffany Brown also released a written statement on Sunday adding:
“When it comes to fighting COVID-19, we are all in this together. The governor is ready to work across the aisle with Republicans in the legislature where we can find common ground, but she won’t let partisan politics get in the way of doing what’s necessary to keep people safe and save lives. The Supreme Court’s ruling raises several legal questions that we are still reviewing. While we are moving swiftly, this transition will take time. As the governor said last week, many of the responsive measures she has put in place to control the spread of the virus will continue under alternative sources of authority that were not at issue in the court’s ruling. We will have more to say on this in the coming days. 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.”
More on the coronavirus pandemic and the latest executive orders can be found at michigan.gov/coronavirus.
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