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Let's be clear: People are confusing the state of emergency and state of disaster declarations and the SHSS EO because of Republican legislators' concerted efforts at obfuscation. The political theatre is murky, but the law is clear. 1/4 https://twitter.com/ChadLivengood/status/1252323994864410631
Each of Governor Whitmer's EOs have been issued under several independent sources of legal authority. Only the Emergency Management Act, 1976 PA 390, is time limited w/o an extension by #mileg. The PA 390 governs the Governor's state of emergency and disaster declarations. 2/4
Among nearly three score EOs @GovWhitmer has issued in response to #COVID19, it's SHSS (EO 2020-42) that falls most squarely within the authority delegated to her by the Emergency Powers of Governor Act, 1945 PA 302. It's not time limited or subject to extension by #mileg. 3/4
Refusing to extend the Governor's states of emergency/disaster won't end SHSS EO. The Governor has the legal authority to act independent of 1976 PA 390. What it will do is cast a pall of uncertainty over the immunity provided to medical professionals under MCL 30.411. 4/4
