One of the more notable lawsuits against Democratic Michigan Governor Gretchen Whitmer and her unilateral virus control shutdown gets some court time today. Majority Republicans in both the State House of Representatives and the State Senate are concluding a lawsuit is the only remedy to the impasse with the Governor over the extended shutdown that has crippled the state’s economy. Opening oral arguments in the case will be heard before the State Court of Claims today. That Court is assigned to hear all lawsuits against any element of the state government.  The Republican lawmakers point out the shutdown extension initiated by the Governor does not have their support. And it must, to be legal.

The crux of the issue involves two state laws. One from the 1940’s that seems to favor the Governor's position that she does not need the legislature’s backing. The other from the 1970s indicates that yes, she does. The legislature’s lawsuit is asking for a declaratory judgment that could, or should, resolve the uncertainty about the Governor’s emergency powers.  But the lawmakers also allege the Governor’s actions amount to an unconstitutional power grab, attempting to throw a shroud over the legislature’s powers.  In a rare move, the State Supreme Court is allowing the hearing to be carried on the internet. You can connect to the feed here. The hearing is scheduled to begin at 10 am.

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