Coming Up – Round 2 between Michigan Legislature And The Governor
Republican state lawmakers who control both the Michigan State Senate and the State House of Representatives are looking for quick action. They’re pushing the State Supreme Court for immediate action in their lawsuit against Democratic Governor Gretchen Whitmer. The GOP lawmakers lost the first round in the battle, with a State Court of Claims Judge ruling against them. But that was expected. Even Judge Cynthia Stephens commented before announcing her decision that the case would end up before the state’s high court. The issue is the timing. The GOP lawmakers contend every day a unilateral state closing order from the Governor remains in effect, more businesses and jobs are lost. Some forever.
The GOP lawmakers are filing what’s referred to as an “emergency bypass review”. The move would skirt the next normal step, the state Court of Appeals, and go directly to the Supreme Court. The language of the filing states the urgency like this. “"If ever there were a case that warranted this court’s immediate involvement, then this would be it." The battle between the Governor and the legislature is truly of monumental importance. It pits a Governor who claims to have unbridled emergency powers against a legislature that claims it alone has the responsibility to pass laws. The majority lawmakers claim the Governor has been imposing orders with the effect of laws, without its consent or approval. That claim the lawmakers say is simply unconstitutional.
The filing reads in part, "Michiganders are living under and attempting to interpret orders that never should have been implemented over their Legislature’s objection; at the very least, they are living under a cloud of ambiguity that can be rectified by this Court."