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Rep. Steve Johnson& #39;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">https://twitter.com/NathanTri...
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& #39;s authority to respond to the #COVID19 pandemic. 2/9
Even if we accept for the sake of argument the Republicans& #39; 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& #39;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& #39;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& #39;s not. Governor Whitmer& #39;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& #39; lives every day. Meanwhile, Rep. Steve Johnson is busy playing politics by patting himself on the back for a vote he didn& #39;t take and the outcome of which was of little or no legal effect. Be better. 9/9
