On Wednesday, September 2, 2020, the Michigan Supreme Court will take up the critical questions of whether and when the Governor of Michigan has the authority, under Michigan law, to issue or renew executive orders related to the COVID-19 pandemic.
To help the Supreme Court to resolve what might be the most important Michigan court case this year, Lipson Neilson has filed an amicus curiae brief on behalf of the American Legislative Exchange Council (“ALEC”), which addresses when the Michigan Governor may act unilaterally under emergency powers granted by the Legislature and when normal legislative procedures should be followed.
“In the recent case involving Michigan barber Karl Manke, Michigan Supreme Court Justice David Viviano expressed his hope that the rule of law, which is essential to a free society, should not become another casualty of COVID-19” explained C. Thomas Ludden, head of Lipson Neilson’s appellate department. “It is our hope that the brief we submitted on behalf of ALEC helps the Michigan Supreme Court balance the competing issues before it and reach a result that respects the Michigan Constitution and helps the people of the State of Michigan through this crisis.”