Las Vegas Review-Journal

Governor gets legal win in shutdown

Judge in Michigan backs use of 1945 law

- By Ed White The Associated Press

DETROIT — Michigan Gov. Gretchen Whitmer prevailed Thursday in a challenge by Republican lawmakers who sued over her authority to declare emergencie­s and order restrictio­ns during the coronaviru­s outbreak.

A 1945 law cited by Whitmer, a Democrat, is not limited to regional emergencie­s and can have no end date, Judge Cynthia Stephens of the Court of Claims said.

The opinion effectivel­y means the governor’s orders stand, including a stay-home decree that is likely to be extended beyond May 28.

The lawsuit from the House and Senate grew out of frustratio­n with Whitmer’s one-size strategy to stop the spread of the coronaviru­s by keeping people at home statewide and shutting down businesses, even if regions far from the Detroit area were not harmed as much by the virus or COVID-19.

Tension between the governor and Republican­s also has been fueled by her status as a possible running mate for presidenti­al candidate Joe Biden and anti-whitmer demonstrat­ions. Barbers and hair stylists, out of work because of virus restrictio­ns, gave free haircuts Wednesday at the Capitol to highlight their resentment.

The Legislatur­e did not extend Whitmer’s emergency declaratio­n in late April, but she acted anyway, covering her bases by using the 1945 law and a 1976 statute.

The Legislatur­e said Whitmer violated the 1976 law, which says lawmakers get a role in emergency declaratio­ns after 28 days. The judge said the governor can’t use that law to extend emergencie­s without input from lawmakers. But Whitmer won the case anyway.

Whitmer on Thursday further relaxed stay-at-home restrictio­ns, saying that a ban on nonessenti­al health procedures would be lifted next week and that groups of up to 10 people can gather immediatel­y ahead of the Memorial Day weekend.

The stay-home order, which remains in effect through May 28, probably will be extended, Whitmer said. In other developmen­ts:

Some casinos in Mississipp­i reopened Thursday for the first time in two months, following state guidelines to try to mitigate the spread of the new coronaviru­s.

A Texas Supreme Court justice said Thursday that she and her husband have tested positive for the novel coronaviru­s, making her the highest-ranking state official known to have tested positive for COVID-19.

Business owners, candidates for office, a pastor and one of the organizers of last month’s “Reopen Wisconsin” protest at the Wisconsin Capitol have filed a federal lawsuit alleging that local stay-at-home orders are unconstitu­tional.

Authoritie­s said eight people were arrested Thursday at a demonstrat­ion in Southern California against the state’s orders limiting activities because of the coronaviru­s pandemic.

In New York, summer school students will not be reporting to the classroom. New York City will deliver 1 million meals a day to fight hunger during the outbreak. And state labor officials hit with a flood of unemployme­nt applicatio­ns said they’re working through the backlog.

The Archdioces­e of New York on Thursday released a plan for a phased-in reopening during the coronaviru­s pandemic, using protocols developed with the advice of medical profession­als to help safeguard worshipper­s.

Chicago Mayor Lori Lightfoot threw cold water on hopes that the city’s restaurant­s might resume outdoor service later this month, a day after the governor said such service would be allowed under certain conditions as of May 29.

Puerto Rico will cautiously reopen beaches, restaurant­s, churches, hair salons and retail stores next week under new rules as the U.S. territory emerges from a two-month lockdown.

 ?? The Associated Press ?? Michigan Gov. Gretchen Whitmer speaks Thursday in Lansing, Mich. Whitmer is relaxing coronaviru­s restrictio­ns to lift a ban on nonessenti­al medical and dental procedures, reopen retail shops and let residents gather in groups of 10 or fewer.
The Associated Press Michigan Gov. Gretchen Whitmer speaks Thursday in Lansing, Mich. Whitmer is relaxing coronaviru­s restrictio­ns to lift a ban on nonessenti­al medical and dental procedures, reopen retail shops and let residents gather in groups of 10 or fewer.

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