Tag: Whitmer

  • Nondelegation doctrine resurfaces in challenge to Michigan coronavirus orders

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    The Michigan Supreme Court on October 2 revived the nondelegation doctrine in an opinion holding in part that Michigan’s Emergency Powers of the Governor Act (EPGA) unconstitutionally delegates legislative power to the executive branch. Governor Gretchen Whitmer (D) claimed that the declared states of emergency and disaster in response to the coronavirus pandemic authorized her…