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Rep. Steve Johnson's op-ed in @DetNewsOpinion is yet more evidence that session on April 7 was nothing more than partisan political theatre for legislative Republicans. Michiganders deserve so much better from their elected leaders in a time of crisis. 1/9 https://twitter.com/NathanTriplett/status/1248992200438022144
Not only was Rep. Steve Johnson not present on the floor for the vote on SCR 24, his column grossly mischaracterizes the legal effect of the vote and the Governor's authority to respond to the #COVID19 pandemic. 2/9
Even if we accept for the sake of argument the Republicans' position that the state of emergency declared in EO 2020-33 relates back to the original state of emergency declared on 3/10 in EO 2020-4, the disaster declaration is without question a distinct legal act. 3/9
"Emergency" and "disaster" are legal terms of art defined by the Emergency Management Act, 1976 PA 390. See MCL 30.402(h); MCL 30.302(e). They are not synonymous. 4/9
The Governor's authority to declare a state of emergency and a state of disaster is also set forth separately in the statute. See MCL 30.403(4); MCL 30.403(3). Again, these legal acts are not interchangeable or coextensive. The distinction is both relevant and important. 5/9
While all of the powers of the Governor under a state of emergency are also available under a state of disaster, a state of disaster provides the Governor with additional tools to respond to a crisis. See MCL 30.411. 6/9
Each and every one of Governor Whitmer's #COVID19 EOs, to the extent they rely on the EMA, can rest on the authority of the EO 2020-33 disaster declaration, which may remain in effect without the requirement of legislative approval for 28 days from issuance (until April 29). 7/9
Also, this thread assumes the Emergency Management Act is the only relevant consideration. It's not. Governor Whitmer's #COVID19 EOs have been issued under several independent sources of legal authority. Only the EMA is time limited. 8/9
. @GovWhitmer is focused on saving Michiganders' lives every day. Meanwhile, Rep. Steve Johnson is busy playing politics by patting himself on the back for a vote he didn't take and the outcome of which was of little or no legal effect. Be better. 9/9
