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(May 6, 2020 11:47 AM) Speaker Lee Chatfield and Senate Majority Leader Mike Shirkey today announced the filing of a lawsuit against Gov. Gretchen Whitmer.

The legislative leaders filed suit this morning in the Michigan Court of Claims against Gov. Whitmer challenging the constitutionality of her use of two different emergency powers laws. 

“We all know strong action is required to combat COVID-19 and keep our communities safe,” said Chatfield. “But the one-size-fits-all actions the governor has taken simply haven’t been good enough.” 

In a statement, Chatfield said, “We extended our hand to the governor last week and offered several times to work with her to improve the state’s response and improve the status quo that is hurting so many people. She rejected that offer and chose to go it alone, in a way that is against the law. We have to stand up for the people we represent, their concerns and their legal rights. This lawsuit will bring everyone back to the table and ensure a better, bipartisan solution to the COVID-19 pandemic.”

Michigan was under an emergency declaration through April 30, 2020 based on the approval of Senate Concurrent Resolution 24 on April 7, 2020. With the emergency declaration set to expire on April 30, the Legislature chose not to extend and instead passed legislation to place into law a series of policies outlined in several executive orders. 

Governor Whitmer declared a new state of emergency under the Emergency Powers of the Governor Act of 1945.

Senate Bill 858 would have placed into law several measures, including the current extension of unemployment benefits, liability protection for health care workers, and the ability for schools to continue distance learning programs. The governor vetoed the bill earlier this week.

The Senate and House have jointly retained Bush Seyferth PLLC to represent the Legislature in the lawsuit.

 

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