Markman
wrote that the court concluded that Whitmer “did not possess the authority under the Emergency Management Act of 1976 (the EMA), MCL 30.401 et seq., to declare a ‘state of emergency’ or ‘state of disaster’ based on the COVID-19 pandemic after April 30, 2020.”
Secondly, the justice wrote, Whitmer “does not possess the authority to exercise emergency powers under the Emergency Powers of the Governor Act of 1945 (the EPGA), MCL 10.31 et seq., because that act is an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution.”
As a result, the state’s high court noted, Whitmer’s executive orders in response to the COVID-19 pandemic “now lack any basis under Michigan law.”