Sunday, November 3, 2024

Michigan Supreme Court Dismisses COVID-19 Mandate Challenge

The court dismissed a challenge to COVID-19 mandates, leaving the state's executive authority on future health restrictions unaddressed and intact.

The Michigan Supreme Court has dismissed a case challenging the pandemic powers of the Michigan Department of Health and Human Services, overturning a lower court's finding the agency overstepped its authority with sweeping COVID-19 mandates.

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.

River Crest appealed the Court of Claims decision, and the Michigan Court of Appeals sided with the catering company in a split decision on June 29, 2023.

The appellate court also found that the case was not moot, as the underlying legal issues-DHHS's authority and the constitutionality of MCL 333.2253-remained relevant to businesses potentially facing similar mandates in future public health emergencies.

The Michigan Supreme Court's Nov. 1 decision to overturn the appellate ruling and declare the case moot effectively removes the precedent set by the appellate court, meaning that DHHS's authority under MCL 333.2253 remains largely undefined in terms of constitutional limits. 

https://www.theepochtimes.com/us/michigan-supreme-court-dismisses-covid-19-mandate-challenge-5752262?utm_source=partner&utm_campaign=TheLibertyDaily

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