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161492 - In re Certified Questions from the U.S. District Court

In re Certified Questions from the United States District Court, Western District, Southern Division.

 

 

 

_____________________________

 

 

Midwest Institute of Health, PLLC, doing business as Grand Health Partners, Wellston Medical Center, PLLC, Primary Health Services, PC, and Jeffrey Gulick,

 

Amy Murphy

 

Plaintiffs,

 

v

 

 

Governor of Michigan and Michigan Department of Health and Human Services Director,


 


 

Defendants, 

Eric Restuccia

and


 

Attorney General,


 


 

Defendant.


 


 


 

Ann Sherman

Summary

The plaintiffs are healthcare providers and a patient who filed a lawsuit in the United States District Court, Western District of Michigan, Southern Division, to challenge executive orders issued by Governor Gretchen Whitmer in response to the COVID-19 pandemic.  On June 16, 2020, United States District Judge Paul L. Maloney certified two questions to the Michigan Supreme Court:  “(1) Whether, under the Emergency Powers of the Governor Act, MCL § 10.31, et seq., or the Emergency Management Act, MCL § 30.401, et seq., Governor Whitmer has the authority after April 30, 2020, to issue or renew any executive orders related to the COVID-19 pandemic; and (2) Whether the Emergency Powers of the Governor Act and/or the Emergency Management Act violates the Separation of Powers and/or the Non-Delegation Clauses of the Michigan Constitution.”  On June 30, 2020, the Michigan Supreme Court directed the Clerk to schedule oral argument on the questions on Wednesday, September 2, 2020, and ordered an expedited briefing schedule. ​