{"id":"MI-049","kind":"order","level":"court","jurisdiction":"Michigan","state":"MI","metro":"","industry":"","agency":"","eco":"","issuer":"Michigan Supreme Court","authority":"Certified questions from the U.S. District Court for the Western District of Michigan (Midwest Institute of Health, PLLC v. Governor, No. 1:20-cv-414); Mich. Const. 1963","instrument":"In re Certified Questions from the United States District Court, Western District of Michigan, Southern Division (Midwest Institute of Health, PLLC v. Governor), No. 161492, 506 Mich. 332 (2020)","title":"Opinion holding that the Governor lacked authority under the Emergency Management Act after April 30, 2020 and that the Emergency Powers of the Governor Act is an unconstitutional delegation","dateIssued":"2020-10-02","effective":"2020-10-02 (the Court\u0027s order of October 12, 2020 denied a transition period)","end":"n/a","startDate":"2020-10-02","endDate":"2020-12-31","quarters":["2020Q4"],"types":["OTHER"],"addressees":["the Governor","all persons subject to the post-April 30 executive orders"],"clause":"Docket No. 161492. Argued on request to answer certified questions September 9, 2020. Decided October 2, 2020.... [Syllabus:] the Governor lacked the authority to declare a \u0027state of emergency\u0027 or a \u0027state of disaster\u0027 under the EMA after April 30, 2020, on the basis of the COVID-19 pandemic and that the EPGA violated the Constitution... [the EPGA] constituted an unlawful delegation of legislative power to the executive and was unconstitutional... the unlawful delegation of power was not severable from the EPGA as a whole... Accordingly, the EPGA was unconstitutional in its entirety.... the Governor\u0027s executive orders issued after April 30, 2020, were not valid under the EMA.","enforcement":"n/a (judicial decision)","functions":["all functions: the gubernatorial layer ended; the MDHHS layer began October 5, 2020"],"notes":"Held (4-3) that the Governor had no authority under the EMA to continue the emergency after the Legislature declined to extend it on April 30, 2020, and that the EPGA violated the Michigan Constitution\u0027s separation of powers. MDHHS re-imposed the gathering, mask, capacity and closure rules under MCL 333.2253 on October 5, 2020 (Ex. MI-050). The Legislature\u0027s adoption of the Unlock Michigan initiative repealing the EPGA (July 21, 2021) followed.","sourceUrl":"https://courts.michigan.gov/Courts/MichiganSupremeCourt/Clerks/Documents/2020-2021/161492/In%20re%20Certified%20Questions-OP.pdf","snapshot":"https://web.archive.org/web/20201003172757/https://courts.michigan.gov/Courts/MichiganSupremeCourt/Clerks/Documents/2020-2021/161492/In%20re%20Certified%20Questions-OP.pdf","fileExists":true,"fileBytes":576621,"grade":"primary","character":"","description":"","collection":"MI","url":"/library/MI-049","exhibitUrl":"/exhibit/MI-049","citation":"Michigan Supreme Court, In re Certified Questions from the United States District Court, Western District of Michigan, Southern Division (Midwest Institute of Health, PLLC v. Governor), No. 161492, 506 Mich. 332 (2020) (Oct. 2, 2020) (Ex. MI-049)","stateName":"Michigan","related":["DUT-MI-012","MI-050","AGY-ST-LABOR-WORKPLACE-062","DUT-MI-010","DUT-MI-011","MI-053"]}