On Friday, the Michigan Supreme Court ruled that Governor Whitmer’s use emergency powers was illegal and unconstitutional. Since then, the Michigan Department of Health and Human Services has issued new COVID-19 emergency orders that are nearly identical to Gov. Whitmer’s invalidated emergency orders.
Below is a statement from Michael Van Beek, director of research at the Mackinac Center.
Encouraging a state agency to issue these rules is clearly an attempt by Gov. Whitmer to sidestep the unanimous Michigan Supreme Court ruling that she acted illegally by extending her expansive emergency powers without legislative approval. If the governor was not permitted to continue the COVID-19 emergency on April 30, she should not be permitted to extend that same emergency without the Legislature on Oct. 5 simply by resorting to another statute. This provision also lacks clear limitations on its use – the same problem that plagued the 1945 law that the Michigan Supreme Court just struck down as unconstitutional.
The case was filed by the Mackinac Center Legal Foundation, in conjunction with the Miller Johnson law firm. It was on behalf of three medical practitioners who were unable to provide necessary care and a patient who was unable to receive care under the governor’s emergency executive orders.
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