On October 2, 2020, the Michigan Supreme Court (MSC) released an opinion regarding the Governor's state of emergency renewals. The syllabus of the opinion states that:

The Governor did not have authority after April 30, 2020, to issue or renew any executive orders related to the COVID-19 pandemic under the EMA (Emergency Management Act of 1976).


The Governor did not possess the authority to exercise emergency powers under the EPGA (Emergency Powers of the Governor Act of 1945) because the act unlawfully delegates legislative power to the executive branch in violation of the Michigan Constitution.

The Governor asked the MSC to allow for a transition period before ending the state of emergency. The MSC announced October 12, 2020 that its ruling was effective as of October 2, removing any doubt.

The Michigan Legislature at this point has not passed a bill restarting the state of emergency.

Is Michigan the only US state without a state of emergency (or similar type of order)?

  • Fortunately (or unfortunately) Michigan is still under lockdown via Health department orders. So effectively they're not any different. Commented Nov 16, 2020 at 7:06

1 Answer 1


According to this list on the National Governors Association website, Michigan is in fact the only State no longer under a state of emergency or similar order (although their list is not yet reflective of the Michigan Supreme Court Opinion).

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