The Michigan Court of Appeals has ruled the law the state health department used to issue an emergency COVID-19 order is unconstitutional.
In a split decision, the court ruled the statute wrongly gives broad legislative authority to the executive branch. The court concluded that violates the separation of powers outlined in the state constitution.
Attorney Justin Majewski represented the plaintiffs in the case.
“Section 2253 granted an immense amount of power to the director of the Department of Health and Human Services and it didn’t provide really any guidance as to how to exercise that power.” said Majewski.
The state health department says its emergency powers have been in place for over a century. It plans to appeal the ruling.