Sen. Mike Shirkey, the Republican leader of the Michigan Senate, described his hopes for a strikingly different response to COVID-19 on Saturday
Lansing — Republican Michigan Senate leader Mike Shirkey described his hopes for a strikingly different response to COVID-19 on Saturday, a day after the state’s high court issued a ruling that will effectively force Gov. Gretchen Whitmer to begin working more closely with lawmakers. State government should shift its approach away from mandating residents take certain actions, like wearing masks, and toward encouraging and informing them, said Shirkey, R-Clarklake. “I still think we have a responsibility to consider the health of those around us,” he said, adding, however, “There will be no caucus support in the Senate, at least, for state mandates for things like masks.” On Friday, the Michigan Supreme Court ruled 4-3 that Whitmer, a Democrat, didn’t have the authority to issue dozens of unilateral executive orders after April 30 in response to the COVID-19 pandemic. Those orders have required mask wearing in crowded spaces, capacity limits inside businesses, workplace safety standards, restrictions on public gatherings and the closure of indoor bars. The court unanimously said one law the governor has used to issue the orders required the Republican-controlled Legislature’s approval, which lawmakers didn’t provide after April 30. Another law delegated too much legislative authority to the executive branch, making it unconstitutional, the court ruled in a 4-3 decision. “Accordingly, the executive orders issued by the governor in response to the COVID-19 pandemic now lack any basis under Michigan law,” Justice Stephen Markman wrote in the majority opinion. The landmark decision threw a cloud of uncertainty over the policies that have defined Michigan’s response to a virus that’s been linked to 6,788 deaths in the state. Whitmer said Friday that her orders would remain in effect for 21 days, an apparent reference to a 21-day period in which the governor might be able to request a rehearing. She also said many of her restrictions “will continue under alternative sources of authority that were not at issue” in the ruling. Officials with multiple organizations that closely monitor state policies said they were also anticipating a 21-day window before the orders became officially invalid. However, some legal experts and Shirkey contend the 21-day period doesn’t apply because the state Supreme Court was answering a question posed by a Grand Rapids federal judge and a rehearing likely wasn’t possible. Some said the federal court for the Western District of Michigan would now have to issue its own ruling to put the decision into effect. “Just a friendly reminder to all Michigan residents that just because an activity is legal doesn’t mean it’s advisable,” tweeted Attorney General Dana Nessel, the state’s top law enforcement official. “For instance, just because you can eat Tide Pods doesn’t mean you should eat Tide Pods.” The governor’s administration is “reviewing the Michigan Supreme Court’s ruling, the existing orders and alternative sources of authority,” Whitmer’s spokeswoman, Tiffany Brown, said.
