By Zachary Gorchow
President of Michigan Operations
Posted: June 4, 2019 2:34 PM

Five months and four days into her governorship, there's some angst in various quarters of the Democratic base about decisions made by Democratic Governor Gretchen Whitmer.

Suffice it to say that at this early point in Ms. Whitmer's governorship, one would not have expected slings and arrows to be coming from the state's trial lawyers, environmental groups and health care providers.

The trial lawyers are furious with Ms. Whitmer for signing SB 1 to end the mandatory unlimited medical coverage in auto insurance. A number of environmental groups are flabbergasted that Ms. Whitmer is in talks with Enbridge for a revised deal that would let them relocate the Line 5 oil and gas pipeline along the bottom of the Straits of Mackinac to a tunnel buried beneath the straits, much as former Governor Rick Snyder negotiated. Health care providers are unhappy to angry about the auto insurance bill, and now health and wellness groups are disappointed that Ms. Whitmer went against her Department of Health and Human Services and signed bills banning the sale of e-cigarettes to minors instead of insisting on a bill regulating vapes as tobacco.

No, there's not a rebellion in the Democratic Party or anything like that. By and large, so far, Ms. Whitmer has governed like a Democrat, and she has enthusiastic support across the party. But the trial lawyers and the environmental activist wings of the party are potent and important.

And it was jarring to see the Oil and Water Don't Mix coalition, an umbrella group of many environmental organizations devoted to shuttering Line 5, issue a searing statement last week warning Ms. Whitmer that a deal with Enbridge for a tunnel under the straits would make her the "Line 5 oil tunnel governor."

Less surprising in a short-term context was the fury directed at Ms. Whitmer by the trial lawyers and coalition of health care providers for signing the no-fault bill. Of course, they were furious. Yet to think Ms. Whitmer, an attorney, and the association of trial lawyers have suffered such a severe rupture is very surprising when viewed from 50,000 feet.

Last Thursday, after Ms. Whitmer signed the bill, Debra Freid, president of the Michigan Association for Justice, wrote Ms. Whitmer to "express our members' deep disappointment and their palpable outrage" at her decision. Ms. Freid said said even with an initiative petition threatened by Dan Gilbert, Ms. Whitmer could have achieved real rate reduction "without sacrificing the entire system, had you forged that path carefully and thoughtfully, instead of rushing to sign 'something.'"

Who would have expected this scenario a year ago?

Such are the realities of serving as a chief executive. Former Lt. Governor Brian Calley opined on Twitter a couple months ago when word first broke that Ms. Whitmer was open to a tunnel for Line 5 and environmentalists expressed shock and dismay that "it's the part about the job that is hard to explain. Most issues have two or more very different sides. There are always people mad at you."

If there's a common thread to these three issues, it's that Ms. Whitmer's realist approach is showing itself.

As I wrote last week, Ms. Whitmer took the most pragmatic path she could find on the auto insurance legislation. While the governor eventually put a promise on her campaign website to "immediately file to enjoin the easement and begin the legal process for shutting down Line 5," her first comments on that topic as a candidate were to warn about taking action that would lead to protracted litigation. Ms. Whitmer has clearly reverted to that original position and all her comments about considering the tunnel options are couched in worries about an extended legal conflict that takes longer to resolve than construction of the tunnel.

The e-cigarette bills passed easily, by well more than enough votes to override a veto. It's hard to imagine the Republican majorities would have skipped the opportunity to jam the Democrats on a veto override vote, choosing between voting no on banning e-cigarettes to minors (a difficult vote to explain) and embarrassing the governor by voting to override. So, the governor reluctantly signed the bill.

Governors inevitably do something to disappoint their supporters. John Engler's decision to abandon his opposition to tax incentives to lure businesses and instead create a massive tax incentive regime dismayed conservatives. Jennifer Granholm's actions on state employee contracts led to huge protests from those unionized and largely Democratic employees on the Capitol lawn, including a sign deriding her as "Governor Jengler." Rick Snyder upset the Republican base on many things, but maybe none more so than firearms and abortion.

Ms. Whitmer now finds herself experiencing the same phenomenon. It's not surprising that it happened, but wow, that didn't take long.