Michigan court zaps gov’s COVID-19 orders, but continue to follow your safety plans

The Michigan Supreme Court recently stripped Governor Gretchen Whitmer of her powers to issue COVID-19 emergency orders, but employers should continue to following their coronavirus safety plans.

How we got here

On October 2, 2020, the supreme court ruled on two certified questions submitted by the U.S. District Court for the Western District of Michigan in Midwest Institute of Health, PLLC v. Governor. Federal district courts generally defer to the state’s interpretation of the state constitution, which is why the federal court judge in the Midwest Health case referred issues in the matter to the state high court.

First question. In answer to the first question, the supreme court unanimously found the governor didn’t have authority after April 30, 2020, to issue or renew any executive orders (EOs) related to COVID-19 because she lacked the power to declare a state of emergency after that date under a 1976 Emergency Management Act.

Second question. The court held 4-3 that the governor didn’t possess authority to issue orders under the 1945 Emergency Powers of the Governor Act because the statute unconstitutionally delegates legislative powers to her.