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Tribune News Service
Tribune News Service
National
Beth LeBlanc

Nessel asks high court to reverse ruling overturning Whitmer's emergency powers

Dana Nessel Michigan Supreme Court Michigan Gretchen Whitmer

Attorney General Dana Nessel's office has asked the Michigan Supreme Court to "disavow" a 2020 ruling that overturned Gov. Gretchen Whitmer's emergency powers seven months into the COVID-19 pandemic.

The reasoning used to overturn the Emergency Powers of the Governor Act was an "errant aberration" that distorted Michigan's non-delegation doctrine and is now being referenced in other legal challenges to state pandemic rules, Nessel's office argued in a February filing.

The GOP-led Michigan Legislature is seeking to block Nessel's request, calling it an "unorthodox" application that could cause "institutional harm" to the court should justices reverse their decision so soon after securing a Democratic-nominated majority on the Michigan Supreme Court.

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