Michigan Supreme Court announces Sept. 2 oral arguments special session


The Michigan Supreme Court announced that oral arguments in the case of In re Certified Questions from the United States District Court, Western District of Michigan, Southern District v Governor of Michigan, Michigan Attorney General, and Michigan Department of Health and Human Services Director will be heard on Wednesday, Sept. 2. The court will convene this special session to hear the case beginning at 9:30 a.m. via Zoom and attorneys for the parties have all agreed to argue their cases via Zoom.

Oral arguments will be livestreamed at: hwww.youtube.com/c/MichiganSupremeCourt. Archived video of oral argument will also be posted on YouTube.

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 Gov. Gretchen Whitmer in response to the COVID-19 pandemic.

On June 16, United States District Court 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, the Michigan Supreme Court directed the clerk to schedule oral argument on the questions on Wednesday, Sept. 2, and ordered an expedited briefing schedule.


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