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Briefs due soon in challenge to Whitmer emergency power

Michigan Supreme Court building photo
Subterranean via Wikimedia | CC BY 3.0

Briefs are due Wednesday after the Michigan Supreme Court asked for more arguments on whether Governor Gretchen Whitmer exceeded her emergency authority to address the COVID-19 crisis.

The specific issue is whether the state’s emergency management law allows the governor to take extraordinary action to control the outbreak of an illness, or whether it applies only to natural disasters and civil unrest.

That was the lingering question left after last week’s arguments before the Supreme Court, and why the court took the unusual step of asking for more briefs.

A health club file this challenge to the governor’s use of emergency powers. But the lawsuit is very similar to one filed by the Legislature’s Republican leaders that is also before the state Supreme Court.