The Michigan Supreme Court has dismissed a case challenging the pandemic powers of the Michigan Department of Health and Human Services (DHHS), overturning a lower court’s finding the agency overstepped its authority with sweeping COVID-19 mandates.
By dismissing the case, the high court did not have to rule on the constitutionality of DHHS’s executive powers. It remains a question whether the department can impose similar restrictions on Michigan businesses and individuals in the future without legislative approval.
In a Nov. 1 order, the Michigan Supreme Court reversed part of a June 29, 2023 judgment of the Court of Appeals, ruling that the case is moot and vacating the remainder of the lower court’s opinion, which had determined that DHHS exceeded its authority with COVID-19 mandates like limiting public gatherings and mandating protective masks. In a 5–2 split decision, the high court ruled that the case should be declared moot because the mandates expired years ago and the plaintiff, River Crest Catering, has since closed its business.
Two dissenting justices, Richard H. Bernstein and David F. Viviano, argued that the appeals court’s finding—that DHHS overstepped its bound—was a “momentous ruling affecting the rights of all Michiganders” and should not be dismissed “so lightly.”
“While plaintiff has closed the doors to its physical catering business, the likelihood would appear to be significantly greater that other similar businesses might again be subject to restrictions similar to those issued during the COVID-19 pandemic,” wrote Viviano in dissent, joined by Bernstein. […]
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