ALPENA — The state representative and state senator for Northeast Michigan approve of lawmakers’ recent lawsuit against Gov. Gretchen Whitmer over her use of executive orders in the coronavirus pandemic.

The suit claims Whitmer unilaterally acted outside of her power when she extended emergency orders, including ones ordering Michiganders to stay home unless absolutely necessary and all but the most essential businesses to close. Whitmer says the orders — her stay-home order was recently extended until May 28 — are necessary to prevent the spread of the coronavirus, but critics say the orders trample on individual liberty and have devastated the state’s economy.

More than 48,000 Michiganders are infected with COVID-19, the disease caused by the virus, and nearly 4,700 have died. Almost 2 million Michiganders have filed for unemployment since the virus struck in mid-March.

At issue is whether Whitmer, a Democrat, needs legislative approval for her actions. Two state laws, both decades old, grant emergency powers to the governor. One, under which Whitmer says she is acting, does not require legislative signoff. The other law, which is more recent, does. Michigan Attorney General Dana Nessel, also a Democrat, says Whitmer is within her bounds.

Republicans in the state House and state Senate believe Whitmer needs the Legislature’s OK, which they have not given for her most recent extensions. They filed a suit last week in the Michigan Court of Claims arguing so.

State Rep. Sue Allor, a Republican from Wolverine who represents Northeast Michigan, said she read both emergency power laws and believes the more recent act, from 1976, spells out clearly that Whitmer is acting unlawfully.

“The 1976 statute mentions a pandemic, specifically, as a state of emergency, but it gives the governor a limit of 28 days, which has passed,” Allor said. “Now she needs to come to the Legislature and request an extension, and we’ll vote.”

Allor said that, because circumstances of the virus change quickly, she believes a short-term extension was the best route to take. She added that she had hoped a deal could have been reached and litigation avoided.

State Sen. Jim Stamas, a Republican from Midland who represents Northeast Michigan, said legal action is never good, but is a necessary evil when it preserves the balance of power in government. Like Allor, Stamas supported the litigation, because he said the Legislature needs to have a voice in Whitmer’s decision-making.

State government “is made up of three, co-equal branches, and that is something that needs to be protected,” Stamas said. “All three branches play a valuable role and are critical to the process.”

Both Allor and Stamas said their constituents’ biggest complaint during the pandemic is not being able to effectively file for and receive unemployment benefits.

Allor said she has heard stories of people having to call hundreds of times to get through, only to get disconnected and struggle to find help. She said that, from her communications with people in Northeast Michigan, she has learned there are many who want the stay-home order lifted, and others who believe it needs to be longer.

Stamas said he hears the same things.

With each passing day, residents are ready to go back to work and business owners are getting more eager to open up, he said.

Stamas said opening up the economy will be done in phases whether the governor’s plan or that of the Republican-led Legislature is used. Stamas said any decision needs to be made in the best interest of public health, but he believes people would act responsibly to make sure the threat of the virus is limited while in a store or restaurant.

“I think, when more businesses open up, the thing we need to do is to continue to practice safe practices to protect ourselves and others,” Stamas said. “We need to continue to wash our hands, wear masks, and social distance. If that means a store or restaurant can only have limited occupancy, then that’s what needs to be done. The business owners I’m talking to say they have come up with ways to be able to do that.”

Steve Schulwitz can be reached at 989-358-5689 at sschulwitz@thealpenanews.com. Follow him on Twitter @ss_alpenanews.com.