Ann Arbor Times

Attorney Michael Williams said in early August, during a hearing, that Gov. Gretchen Whitmer has exceeded her powers during the coronavirus pandemic, according to Bridge Michigan.

Before the Michigan Court of Appeals while representing the Republican-led Legislature, Williams argued that Whitmer has done this all while imposing criminal sanctions.

The Legislature rejected Whitmer's request for a second extension in May on her March emergency declaration after the COVID-19 pandemic began. The Legislature then sued Whitmer. 

In May, Michigan Court of Claims Judge Cynthia Stephens ruled that Whitmer had "sufficiently broad power" due to the pandemic and that the lawsuit was "meritless," according to Bridge Michigan.

Since the lawsuit began, Whitmer issued another emergency declaration regarding fighting the pandemic, and since the pandemic began, she had filed 170 orders covering things like business restrictions, mask orders and stay-at-home orders.

The case is expected to make its way to the Michigan Supreme Court. Its main focuses are on two statutes that grant emergency powers to the governor: a 1945 law that gives the governor the power to declare state of emergencies and a 1976 law that says the governor's state-of-emergency powers are only good for 28 days before needing legislative approval.

Whitmer has relied on the 1945 law, saying she doesn't need legislative approval to respond to a public health emergency. 

Deputy Solicitor General Eric Restuccia argued that the law doesn't give her limitless power because each decision she makes still has to go through judicial review.

"This pandemic is like a fire that's continuing to rage," Restuccia said during the hearing, Bridge Michigan reported. "The emergency remains ever-present."