Michigan GOP congressman sues governor over emergency orders

A Republican congressman has sued Michigan’s governor, arguing that her coronavirus-related emergency orders violate the separation of powers and infringe on Michigan residents’s constitutional rights.

In a lawsuit filed in United States District Court for the Western District of Michigan, Rep. Paul Mitchell (R-Mich.) argued that Whitmer usurped powers reserved for the state legislature and said the “unreasonable” orders “shock the conscience,” according to The Detroit News.

Mitchell said in the suit that the order had prevented him from seeking medical treatment for a knee injury.

“No Michigander, including Mitchell, should be forced to choose between risking criminal prosecution and economic sanctions under the Lockdown Orders on the one hand or seeking medical treatment on the other,” his court filings read.

Mitchell told The Detroit News that Whitmer’s order attempted to usurp the authority of the legislature for an extended period of time.

“That wasn’t the intent of the Emergency Powers Act,” Mitchell said. “And that kind of power is unconstitutional.”

Whitmer has enacted a number of measures intended to stem the spread of coronavirus in the state, including a stay-at-home order and restrictions on nonemergency medical procedures.

Mitchell announced in 2019 that he would not seek reelection in 2020. He was first elected to Congress in 2016.