Michigan Supreme Court Denies Request To Extend Executive Orders

MICHIGAN — The Michigan Supreme Court Monday denied a request by Gov. Gretchen Whitmer to keep executive orders she issued during the coronavirus pandemic in place until Oct. 30.

Monday's ruling means the court's previous ruling on Oct. 2 striking down the 1945 law Whitmer used to issue emergency orders during the coronavirus pandemic is effective immediately.

"I do not believe the court has the authority to grant the remedy the governor requests," Chief Justice Bridget Mary McCormack wrote in the order.

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The Michigan Supreme Court voted 4-3 on Oct.2 to strike down months of orders issued by Whitmer during the coronavirus pandemic, saying the 1945 law she cited in issuing the orders was unconstitutional.

Shortly after the ruling, Whitmer responded to the decision by saying she believed it was disappointing, adding that she vehemently disagrees with the move.

"Right now, every state and the federal government have some form of declared emergency," Whitmer said at the time. "With this decision, Michigan will become the sole outlier at a time when the Upper Peninsula is experiencing rates of COVID infection not seen in our state since April."

However, she believed her orders were to stay in effect for 21 days and asked the court for clarification.

In the meantime, the leading state health official issued his own orders that mirror the orders Whitmer had previously issued.

Michigan Department of Health and Human Services Director Robert Gordon on Friday issued an emergency order restricting gathering sizes, requiring face coverings in public spaces and childcare facilities, placing capacity limitations on stores, bars and other public venues and providing for safer workplaces.

Gordon's order comes under a legal authority enacted by the Michigan Legislature after the Spanish Flu of 1918 specifically to deal with epidemics, according to a news release. That statute was not at issue in the Supreme Court's ruling, officials said.

Local health departments also have taken steps to issue their own orders and require masks and social distancing.

Detroit on Friday joined a growing list of municipalities issuing local emergency orders related to the coronavirus due to uncertainty surrounding statewide orders previously issued by Whitmer and state health officials.

Detroit Public Health Officer Denise Fair on Friday issued a new COVID-19 public health order reinstating several aspects of emergency rulings previously issued by Whitmer.

"We have been in full support of the Governor's orders and the steps she has taken to keep all Michiganders safe," Detroit Mayor Mike Duggan said. "With the legal uncertainty in Lansing, we wanted clear guidelines for Detroiters based on clear legal grounds. Whether you're going to the store, work or school, a restaurant or larger gathering, the Detroit Health Department order provides certainty and provides continuity with the Governor's orders."