As mentioned in our previous post, the legality of state Governors’ emergency powers have come under scrutiny during the pandemic. Michigan’s Supreme Court, for example, recently struck down Governor Gretchen Whitmer’s...more
Michigan Department of Health and Human Services Issues Emergency Order - On Friday, October 2, 2020, the Michigan Supreme Court issued an opinion invalidating the majority of Governor Whitmer’s executive orders issued after...more
Seyfarth Synopsis: The Michigan Supreme Court recently ruled that Michigan Governor Whitmer lacked the authority to declare a “state of emergency” or a “state of disaster” beyond April 30, 2020, and that the authority...more
Since March 2020, Michigan Governor Gretchen Whitmer has relied on the Emergency Powers of the Governor Act of 1945 (EPGA) and the Emergency Management Act (EMA) as authorities for her ability to declare and extend the...more
On October 2, 2020, the Michigan Supreme Court issued a landmark opinion (the “Opinion”) limiting Governor Gretchen Whitmer’s authority to issue and renew executive orders relating to the COVID-19 pandemic. The Court...more
On Wednesday, September 2, 2020, Governor Janet Mills issued a proclamation extending Maine’s state of civil emergency through October 1, 2020. This is the sixth proclamation renewing the state of civil emergency, and keeps...more
“Openness in government is essential to the functioning of a democracy.” This straightforward declaration by the California Supreme Court bears repeating during the COVID-19 health crisis. “Newspapers, television, radio, and...more