Michigan Supreme Court Ruling Strikes Down Governor Whitmer’s Pandemic-Related Orders

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Assistant Attorney General for Civil Rights Eric Dreiband, U.S. Attorney Matthew Schneider for the Eastern District of Michigan, and U.S. Attorney Andrew Birge for the Western District of Michigan issued the following statements:

“Today’s decision by the Michigan Supreme Court is a victory for all Michiganders and the rule of law,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.  “The United States Constitution guarantees a republican form of government to every state in our free country.  The Constitution does not permit any public official unlawfully to restrict our liberty.  All public officials must respect the right of the people to govern themselves at all times, especially during a crisis.”

“On June 23, we wrote to Governor Whitmer and urged her to work cooperatively with the Michigan Legislature to reopen Michigan safely and address the multitude of concerns that Michiganders have had about the restrictions on their liberties,” said United States Attorney Matthew Schneider. “The best solutions for preserving our liberties and keeping us safe involve listening to the people of Michigan, and this decision by the Michigan Supreme Court upholding the rule of law now allows that to happen.”

“While the Governor has had the public’s health interests at heart, this decision underscores the importance of a legislature to the legitimacy of restrictions on liberty,” said United States Attorney Andrew Birge. “I urge the Governor and Michigan legislators to work together going forward in responding to this pandemic so that we stay safe and free.”

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Source: Justice.gov

1 COMMENT

  1. I am a Michigan resident and want to let you know she found a way around the court ruling and will be issuing fines if you don’t comply. This is part of the letter I received from the school today. She is a disgrace!!!!

    Last evening at 5:00, Michigan Department of Health and Human Services (MDHHS) Director Robert
    Gordon issued an Emergency Order restricting gathering sizes, requiring face coverings in public spaces,
    and placed limitations on bars and other venues. Under MCL 333.2253, if the MDHHS director
    determines that control of an epidemic is necessary to protect public health, the director by emergency
    order may prohibit the gathering of people for any purpose and may establish procedures to be
    followed during the epidemic to ensure continuation of essential public health services and enforcement
    of health laws. Violations of this order are a misdemeanor punishable by imprisonment for not more
    than six months, or a fine of not more than $200, or both. Violations of this order are also punishable by
    a civil fine of up to $1,000.
    The Emergency Order issued reinstates the majority of Governor Whitmer’s previous protocols in her
    Executive Orders. These protocols include limiting gatherings outside, limiting the opening of certain
    establishments, and requiring all students K-12 to wear masks in the classroom. So, beginning tomorrow
    morning, Wednesday October 7th, all students grades K-12 will be required to wear masks in the
    classroom.

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