On the afternoon of April 30, militia members toting assault rifles glared from the Michigan state Capitols galleries as the Republican-controlled Senate and House voted to reject Gov. Gretchen Whitmer s proposed extension of her stay-at-home order.

But the show of force failed in its main objective. Though GOP leaders argued that the Democratic governor needed the Legislatures approval to extend the order, she went ahead that evening and unilaterally extended it through May 28.

We remain in a state of emergency. That is a fact, Whitmer said during a virtual town hall, stressing that the order aimed to slow the deadly spread of the coronavirus .

But the fight is only getting started for the Republicans, who are cooking up two new attempts to strip power from Whitmer and give it to the Legislature. On Wednesday, Senate and House leadership unveiled a lawsuit that asks a judge to force her to seek approval from lawmakers in extending the emergency order.

On Monday, Senate Majority Leader Mike Shirkey announced that GOP activists will concurrently attempt to exploit an unusual loophole in the Michigan Constitution that allows the House and Senate to enact so-called citizen-initiated legislation without approval from the governor or voters. They plan to use it to repeal the 1945 law that gives Michigan governors emergency powers that dont require legislative approval.

Shirkey did not return a request for comment.

The moves feel like deja vu in a state only 18 months removed from a dramatic lame-duck battle in which the GOP attempted to ram through a series of laws designed to steal power from Democrats as Whitmer readied to replaced a Republican as governor following the 2018 election.

What theyre doing (now) is looking for any way they can to cut back on [Whitmers] powers, said Mark Brewer, a Michigan attorney who practices constitutional law and is a former head of the state Democratic Party. This is part of an ongoing effort by the GOP and these are things that they would never do to a Republican governor never.

Whitmer spokeswoman Tiffany Brown called the lawsuit just another partisan game that wont distract the governor. Her number one priority is saving lives. Shes making decisions based on science and data, not political or legal pressure.

Battle In The Courts