After high court decision, Michigan AG will not enforce COVID ordersBeth LeBlanc
The Detroit News
Oct. 4, 2020
Attorney General Dana Nessel will no longer enforce Gov. Gretchen Whitmer's executive orders after the Michigan Supreme Court ruled Friday that one of the laws underpinning the orders was unconstitutional.
Nessel's decision comes as Whitmer's team has argued that her orders would stay in effect for 21 days after the ruling, a reference to a 21-day period in which parties can ask for reconsideration. ...
The Supreme Court on Friday was unanimous in ruling Whitmer had no authority under a 1976 emergency law to extend the emergency past April 30 without approval from the Legislature.
But the court split 4-3 in ruling that a separate law Whitmer was using to issue executive orders — the 1945 Emergency Powers of the Governor Act — was unconstitutional because it was an unlawful delegation of legislative powers. ...
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