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Karoub Associates details impact of Supreme Court’s decision on Governor’s emergency powers

Posted by: jgomori Posted date: October 5, 2020

The Michigan Supreme Court ruled Oct. 2 that Gov. Gretchen Whitmer violated her constitutional authority by continuing to declare states of emergency in response to COVID-19 without the approval of state lawmakers.

The court ruled 4-3 that the 1945 Emergency Powers of the Governor Act is unconstitutional. The governor used that law to declare emergencies and keep them in place without legislative input. They also ruled Whitmer did not have the power under the 1976 Emergency Management Act to issue or renew any executive orders related to the pandemic after April 30.

Since the rulings, there have been varying concerns regarding the impact of the high court’s decision. Karoub Associates issued the memo linked below to explain the implications of those rulings.

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