Judge: ‘Governor Can Order Anything, Forever, A Truly Striking Concept In A Democratic Republic’

Judge Jonathan Tukel of the Michigan Court of Appeals issued a 21-page dissent in a ruling against the Legislature’s lawsuit challenging Gov. Gretchen Whitmer's ongoing state of emergency.

The Court of Appeals ruled in a 2-1 vote that Whitmer has the authority to keep the state under a state of emergency and issue enforceable executive orders during the COVID-19 pandemic.

Tukel wrote, “As noted by the majority, Pursuant to MCL 10.31(2), a governor proclaims or declares a state of emergency, and it simply continues until the governor declares ‘that the emergency no longer exists.’ Taken together, these statements by the majority mean that a governor can order anything, forever, a truly striking concept in a democratic republic.”