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Michigan Supreme Court Issues Decision On Whitmer’s Emergency Powers— But Now What?

Advocacy News – Oct. 6

Michigan Supreme Court issued a decision late Friday finding Governor Whitmer lacks the power to issue executive orders in response to the COVID-19 without consent from the Legislature.

At this point, there are more questions than answers as it relates to the Supreme Court’s decision. Although the Attorney General announced Sunday that she will not enforce any of the Governor’s COVID-19 Executive Orders, this doesn’t mean all COVID-19 related rules and regulations will remain null and void.  We expect this to be sorted through in the coming days and weeks as the Legislature and Governor begin negotiating statutory changes and the Governor pursues different paths for reissuing some of these orders through different channels (e.g., administrative rules and regulations).  (See related article on new Department of Health and Human Services order issued Monday evening.)

We would encourage you to continue to use common sense, follow CDC guidelines and proceed cautiously.  You’ll also want to monitor your local government’s actions, including your city or county, as many have already issued emergency orders in response to the Supreme Court’s ruling related to masks, capacity limits, employee health screenings, etc.

The Chamber has been in communication with lawmakers regarding what’s next and we expect those conversations to continue.  We will communicate additional information to our members as it becomes available.

Please contact the Chamber if you have any questions related to this new order at info@michamber.com