Legislature responds to motion filed with Michigan Supreme Court by governor and health director

Gov. Gretchen Whitmer
Gov. Gretchen Whitmer(State of Michigan)
Published: Oct. 5, 2020 at 8:14 PM EDT
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MARQUETTE, Mich. (WLUC) - Monday, Governor Gretchen Whitmer and Michigan Department of Health and Human Services (DHHS) Director Robert Gordon filed a motion with the Michigan Supreme Court requesting that they clarify that their October 2nd ruling does not take effect until Friday, October 30th.

Whitmer has issued over 30 executive orders since the pandemic started in March. Many of the governor’s executive orders put in place were under the 1945 Emergency Powers of Governor act. These orders will be eliminated once the court’s orders take effect.

The 28 days that the governor is asking for will allow a “an orderly transition from the current set of executive orders in place to the measures that will replace them.”

Executive Order 2020-76 which provides temporary expansions in unemployment eligibility and cost-sharing, is one of the orders put in place by EPGA. While the Unemployment Insurance Agency is still reviewing the matter, up to 830,000 active claimants may lose their benefits when the Court’s order takes effect.

Republican Senator Ed McBroom said statutes are in the works to replace those executive orders.

“We have a number of bills that codify a lot of these important executive orders whether it be worker’s comp issues, unemployment, liability for medical professionals and many other issues waiting to go,” Sen. McBroom said.

Sen. McBroom also mentioned that he doesn’t think the 28 days that the governor is asking for will change much.

“Well I knew she was saying initially 21 days," Sen. McBroom said. “Now she’s asking for 28 days. I have not yet come across a judge or attorney independent of the governor’s office who believes that this 21-day thing she’s sighting would cause the affect that she says it does.”

The legislature said they are ready to work with the governor on the future plans of the state. Masks and social distancing are still highly encouraged by elected leaders of the state.

Since the motion was filed Monday morning, MDHHS has issued an epidemic order following the guidelines Whitmer put in place for Phase 4 of the pandemic. It is unclear whether Whitmer and Gordon are still pursuing the motion to Supreme Court.

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