Michigan Supreme Court orders state canvassers to certify petition to repeal emergency powers law

Democrats in Michigan just received some bad news from the state’s Supreme Court.

An order Friday from the Michigan Supreme Court means that the state’s Republican-controlled legislature will finally be able to remove the state’s Emergency Powers of Governor Act from the books, the Detroit Free Press reported

The act, which dates back to 1945, was used by Whitmer to issue emergency orders during the coronavirus pandemic. Whitmer became known across the United States for issuing some of the most restrictive COVID orders in her state, at one point banning all gatherings for any reason, of any size, even in people’s private homes.

In October 2020, the Michigan Supreme Court struck down the emergency powers law as unconstitutional, at which point Whitmer switched to using the Public Health Code to continue enacting her draconian coronavirus orders.


Although Whitmer was no longer able to use the 1945 law, a petition was started to get rid of the Emergency Powers of Governor Act for good. The group leading the petition drive, Unlock Michigan, submitted over 100,000 more signatures than were required, and it appeared the petition had received the requisite number of signatures.

In April, however, the Michigan Board of State Canvassers deadlocked along partisan lines, voting 2-2 to not certify the petition.

The two Democrats who voted against the petition then wanted to launch an investigation of the petition drive and those who led the signature effort took the matter to the Michigan courts.

What now?

On Friday, the Michigan Supreme Court ordered the Board of State Canvassers to certify the signatures and ruled that the investigation pursued by the Democrats on the board went beyond their authority.

This means that Michigan’s Emergency Powers of Governor Act is likely doomed. The matter will now go to the state’s legislature, which has Republican majorities in both the House and Senate. “We urge the Michigan House and Senate to act promptly to finally strike this awful law from the books forever,” said Fred Wszolek, a spokesman for Unlock Michigan.

The legislature is expected to do just that, and there is nothing Whitmer can do about it as she will not be able to veto the effort.

Because of the petition drive, Michigan residents will never again be subjected to the orders of a heavy-handed governor under the Emergency Powers of Governor Act, which is a massive victory for all freedom-loving Americans.

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