Whitmer vetoes bill that would have limited his administrator’s emergency powers in Michigan

Michigan Governor Gretchen Whitmer vetoed a bill that would give a degree of power over emergency orders to the state legislature, limiting how long her administration could carry out orders without the approval of lawmakers.

The bill, Senate Bill 1, called for an amendment to the state’s public health code, limiting orders issued by the Michigan Department of Health and Human Services Director to no more than 28 days, unless the director seeks and obtain approval from both houses of the state legislature.

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“Unfortunately, epidemics are not limited to 28 days,” Whitmer said in a veto letter, according to MLive.com. “We must not limit our ability to respond to them.”

The bill would have applied retroactively to all emergency orders issued on or after November 15, 2020, invalidating them in the absence of legislative approval.

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Throughout the coronavirus pandemic, Whitmer faced criticism because of his government’s orders. At the height of the pandemic in April, Michigan saw armed protesters storm the state capitol in opposition to Whitmer’s stay order.

The Democratic governor is under scrutiny by an order of April 15, 2020, that said nursing homes “should not prohibit the admission or readmission of a resident based on the requirements or results of the COVID-19 tests”. This order is similar to one issued by New York Governor Andrew Cuomo, who has been the basis for him to be held responsible for thousands of deaths in nursing homes.

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Whitmer’s order said, however, that hospitals could only send residents to nursing homes if the homes had a unit dedicated to COVID-19 and, if they did not, patients should be sent to a regional center or alternative facility. Cuomo’s order, which was rescinded in May, said only that “standard precautions must be maintained and cleanliness of the environment must be a priority”.

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