MIDLAND, Mich. —The Mackinac Center for Public Policy submitted an amicus brief in support of the Michigan Legislature's lawsuit against Gov. Gretchen Whitmer. The 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. 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.

In addition, 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. Gov. Whitmer has simply moved the goalposts to defend a continued state of emergency, which could go on in perpetuity.

"Some experts contend that the COVID-19 virus could be with us in significant ways for years," said Patrick Wright, vice president for legal affairs at the Mackinac Center for Public Policy. "We cannot have one branch of government acting unilaterally for that time."

The case is scheduled to be argued tomorrow.

You can view the brief here.