10 September 2020

Murphy Argues Plaintiff’s Side in Front of Michigan Supreme Court

Amy Murphy, a litigator with an emphasis in complex civil, white collar, and appellate litigation, argued the plaintiff’s side in Midwest Inst of Health, et al v Governor of MI, et al in front of the Michigan Supreme Court on September 9.  A recording of the arguments can be viewed on YouTube:

Oral arguments arose from two “certified questions” United States District Court Judge Paul Maloney sent the Michigan Supreme Court in June, asking the court to answer:

  • Whether, under the Emergency Powers of Governor Act of 1945 or the Emergency Management Act of 1976, Michigan Governor Gretchen Whitmer had the authority to issue or renew executive orders related to the pandemic after April 30, when the Legislature refused to grant a 28-day extension of Michigan’s state of emergency, and
  • Whether either the 1945 emergency statute or the one from 1976 violates constitutional law related to the separation of powers between Michigan’s executive and legislative branches of government, by ceding too much legislative power to the governor.

Miller Johnson represents medical providers in the case whose businesses were disrupted when the Governor’s Executive Orders halted “non-essential” medical procedures. Those orders have since been rescinded, but the case has continued to the state’s Supreme Court.