AG’s office halts executive order enforcement: Follows Michigan Supreme Court decision; Whitmer’s office reviewing legal questions raised

LANSING -- The Michigan Attorney General's office announced Sunday that it will no longer enforce Gov. Gretchen Whitmer's executive orders through criminal prosecution.

Michigan Attorney General Dana Nessel's press secretary Ryan Jarvi announced that the office will cease enforcement of the orders in light of the Michigan Supreme Court's 4-3 majority decision on Friday. The decision struck down Whitmer's orders on the basis that the governor lacks the authority to extend or declare states of emergency in relation to the COVID-19 pandemic.

"… (Nessel's) decision is not binding on other law enforcement agencies or state departments with independent enforcement authority," the statement from the Michigan Attorney General's office reads in part. "It's her fervent hope that people continue to abide by the measures that Gov. Whitmer put in place -- like wearing face masks, adhering to social distancing requirements and staying home when sick -- since they've proven effective at saving lives. If it weren't for the governor's actions, countless more of our friends, family and neighbors would have been lost to COVID-19. We can respect both the court's decision and the advice of medical experts by continuing with these important measures voluntarily."

Whitmer's press secretary, Tiffany Brown, also issued a statement in relation to the Michigan Supreme Court decision on Sunday:

"When it comes to fighting COVID-19, we are all in this together. The governor is ready to work across the aisle with Republicans in the Legislature where we can find common ground, but she won't let partisan politics get in the way of doing what's necessary to keep people safe and save lives. The Supreme Court's ruling raises several legal questions that we are still reviewing. While we are moving swiftly, this transition will take time. As the governor said last week, many of the responsive measures she has put in place to control the spread of the virus will continue under alternative sources of authority that were not at issue in the court's ruling. We will have more to say on this in the coming days. Make no mistake, Gov. Whitmer will continue using every tool at her disposal to keep Michigan families, frontline workers and small businesses safe from this deadly virus."

The Friday Supreme Court decision came just hours after an executive order was issued to move the Upper Peninsula back to phase four of the state's MI Safe Start Plan due to a surge in COVID-19 cases.

The order requires people who can perform work remotely to do so while reducing the size of indoor gatherings and implementing stricter restrictions on retail stores and schools.

In a statement issued Friday evening regarding the court decision, Whitmer said: "It is important to note that this ruling does not take effect for at least 21 days, and until then, my emergency declaration and orders retain the force of law. Furthermore, after 21 days, many of the responsive measures I have put in place to control the spread of the virus will continue under alternative sources of authority that were not at issue in today's ruling."

Lisa Bowers can be reached at 906-228-2500, ext. 242. Her email address is lbowers@miningjournal.net.