Let& #39;s be clear: People are confusing the state of emergency and state of disaster declarations and the SHSS EO because of Republican legislators& #39; concerted efforts at obfuscation. The political theatre is murky, but the law is clear. 1/4 https://twitter.com/ChadLivengood/status/1252323994864410631">https://twitter.com/ChadLiven...
Each of Governor Whitmer& #39;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& #39;s state of emergency and disaster declarations. 2/4
Among nearly three score EOs @GovWhitmer has issued in response to #COVID19, it& #39;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& #39;s not time limited or subject to extension by #mileg. 3/4
Refusing to extend the Governor& #39;s states of emergency/disaster won& #39;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
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