On October 2,  2020, the Michigan Supreme Court ruled that ruled Michigan’s Democratic Governor Gretchen Whitmer had no authority to issue or renew executive orders relating to Covid-19 beyond April 30.

On October 12, the Republican-dominated Court denied Whitmer’s request to delay the effect of an opinion that ruled her stay-at-home executive orders on the coronavirus pandemic were unconstitutional.

In its order, the Court wrote: “Our decision today….leaves open many avenues for our Governor and Legislature to work together in a cooperative spirit and constitutional manner to respond to the COVID-19 pandemic.”

Michigan Supreme Court

This ignored the fact that Whitmer faced an openly hostile Republican legislature—whose members acted in lockstep with the agenda of President Donald Trump. 

The Court also ignored that without significant changes in popular behavior—such as those mandated by Whitmer’s stay-at-home and wear-a-mask-in-public orders—the Coronavirus would run rampant through the state.

On November 16, Whitmer accused Republican leaders in the Michigan legislature of offering no answers for how to combat a new surge in COVID-19.

“When I see the criticisms, it just doesn’t seem particularly serious because they haven’t done anything and they haven’t offered up anything. In fact, I think that they have recklessly endangered their colleagues and all of you.”  

Gretchen Whitmer

“The Senate Republicans still have faith in our fellow citizens and encourage them to protect themselves and others by adhering to the practices we know can help combat the spread of this insidious virus: washing hands, maintaining distance, and wearing a mask when it’s appropriate,” said Republican Senate Majority Leader Mike Shirkey. 

This ignored the reality that, without significant penalties for irresponsible behavior, those who complied with such precautions would be at the mercy of those who refused to do so.

On March 11, 2021, the Republican-controlled Michigan Senate authorized a lawsuit against Whitmer, setting up a potential legal fight over millions of dollars in COVID-19 relief funds tied to limits on the administration’s power.

The lawsuit seeks to limit the state Department of Health and Human Services’ epidemic orders to 28 days and shift decisions on school closures from the state department to local health agencies.

Whitmer opposes the bills. 

It “defies common sense that the Legislature would try to block money from going to schools to help children learn in-person safely,” said Bobby Leddy, Whitmer’s spokesman.

“Governor Whitmer will do everything she can to ensure that funding is available to families, small businesses, schools and communities across the state because we can’t afford to wait.”

Michigan’s surge is a combination of two factors: The spread of the B.1.1.7 variant combined with people refusing to “mask up,” socially distance and keep businesses closed until enough residents are vaccinated. 

It takes about two weeks after the Pfizer and Moderna second doses and about two weeks after the Johnson & Johnson vaccine before people are immune. Meanwhile, the incubation period, which is the time from when you are exposed to when you are infected with coronavirus, is four to five days.

With the administration of President Joe Biden ramping up COVID vaccinations as that of Trump never did, Whitmer has pressed for more vaccine doses.

But on April 12, 2021, Dr. Rochelle Walensky, director of the Centers for Disease Control and Prevention (CDC) said that wouldn’t solve the problem:

“When you have an acute situation, extraordinary number of cases like we have in Michigan, the answer is not necessarily to give vaccine. In fact, we know that the vaccine will have a delayed response.

“The answer to that is to really close things down, to go back to our basics, to go back to where we were last spring, last summer, and to shut things down.”

Which is precisely what the Republican-dominated Michigan legislature fervently opposes.

On January 28, 2021, House Speaker Jason Wentworth said his caucus wanted students back in classrooms as quickly as possible. And Wentworth and Senate Majority Leader Mike Shirkey criticized a 25% capacity limit Whitmer’s administration had put in place for restaurants and bars once they reopened for indoor dining on February 1.

By January 28, 83,240 Americans had died of COVID, surpassing the previous record set in December, 2020, of 77,486 deaths.

And what is happening in Michigan—the premature re-opening of businesses and the widespread refusal of citizens  to mask-up and socially distance—is happening throughout the rest of the United States. 

As a result, “The Fourth Surge Is Upon Us. This Time, It’s Different,” warns a March 30 story in The Atlantic.  Its sub-headline states: “A deadlier and more transmissible variant has taken root, but now we have the tools to stop it if we want.”

Several governors—such as Ron DeSantis of Florida and Greg Abbott of Texas—have thrown caution to the winds and refused to mandate mask wearing and social distancing. In doing so, they have condemned untold numbers of their fellow citizens to an early death.

Other governors—such as Gretchen Whitmer and Andrew Cuomo of New York—have aggressively fought COVID-19 with all the weapons at their command. 

When the history of the COVID epidemic is written, it is the latter who will be remembered as heroes in a time of fear and loss.