Michigan Supreme Court
in Re Certified Question (Midwest Inst of Health V
October 2, 2020
Summary
The court answered the certified questions concerning the Governor’s COVID-19 emergency authority. It held that the Emergency Management Act did not permit the Governor to redeclare the same emergency after the Legislature declined to extend it beyond April 30, 2020, and that the Emergency Powers of the Governor Act unconstitutionally delegated broad, indefinite legislative power without sufficiently meaningful standards. The court further held that the unconstitutional delegation was not severable from the Emergency Powers of the Governor Act.