Arguing that Michigan’s extension of the current state of emergency without legislative approval violates separation of powers, the Mackinac Center for Public Policy is siding with the Michigan Legislature in their suit against Gov. Gretchen Whitmer, filing a brief today in their support.
The Midland-based think tank has submitted an amicus brief today in support of the Michigan Legislature in their lawsuit against the governor which is slated to be argued tomorrow in Lansing. The Mackinac Center brief argues that the governor’s decision to extend a declared state of emergency without legislative approval violates the Michigan Constitution’s requirement for separated powers and checks and balances. They argue that if no legislative check is required for the governor to declare and extend emergencies, it effectively means the executive branch of government may usurp the powers of the legislative branch whenever the governor declares it necessary.
Additionally, the brief argues that the initial reason Gov. Whitmer used to rationalize the need for extraordinary executive powers was to “flatten the curve.” By her own admission, however, the curve has already flattened, and yet, the state of emergency remains. In the opinion of the Mackinac Center team, Gov. Whitmer has simply moved the goalposts to defend a continued state of emergency, which could go on in perpetuity.
Patrick Wright, Vice President for Legal Affairs at the Mackinac Center for Public Policy, says, “Some experts contend that the COVID-19 virus could be with us in significant ways for years,” arguing, “We cannot have one branch of government acting unilaterally for that time.”
The case is scheduled to be argued tomorrow in Lansing, and you can read the full brief from the Mackinac Center by clicking the link below:
The Mackinac Center for Public Policy is a nonpartisan research and educational institute dedicated to improving the quality of life for all Michigan residents. Its policy experts develop solutions to state and local economic policy challenges based on fundamental principles of free markets, individual liberty, limited government and the rule of law. Headquartered in Midland, Mich., the Mackinac Center has grown into one of the nation’s largest state-based think tanks since its founding in 1987. For more information, visit online at www.mackinac.org.
