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Whitmer’s virus-related powers reach top court

DETROIT (AP) — Gov. Gretchen Whitmer’s bold use of emergency powers during the coronavirus pandemic reached the Michigan Supreme Court on Wednesday as justices heard hours of arguments about whether she has illegally made far-reaching decisions without input from the Legislature.

Whitmer, a Democrat, has repeatedly ordered virus-related restrictions under a 1945 law that grants power to declare emergencies “when public safety is imperiled” but makes no mention of public health or a pandemic.

Whitmer’s critics, especially Republicans who control the Legislature, instead point to a 1976 law that says lawmakers get a say in emergency declarations after 28 days.

For six months, Whitmer has imposed — and subsequently eased — restrictions on Michigan’s economy, K-12 school system, health care and even visits to state parks, all in a desire to reduce the risk of the highly contagious virus, which has killed more than 6,500 residents.

Critics argue that a lack of collaboration has crippled many businesses that had insisted they could safely reopen. The Supreme Court coincidentally heard arguments on the day that gyms in large metro areas were allowed to open for the first time since March.

“This case is not about the wisdom of the governor’s decisions during this pandemic. It is instead about the structure of our government,” said Amy Murphy, an attorney for health care providers who have challenged Whitmer.

Murphy said the two laws about emergency powers should be applied together so the 28-day time limit is embraced.

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