Michigan AG won’t enforce Gov. Whitmer’s coronavirus orders that have been ruled unconstitutional

Dana Nessel

Whitmer’s coronavirus restrictions would no longer be enforced through criminal prosecution, AG says

Michigan Attorney General Dana Nessel (D) will no longer enforce Democratic Gov. Gretchen Whitmer’s executive orders on the coronavirus after the state Supreme Court ruled the emergency powers seized by Whitmer were unconstitutional.

Nessel’s office announced Sunday that Whitmer’s coronavirus restrictions would no longer be enforced through criminal prosecution, effectively ending the statewide mandates for Michiganders. But a spokesman for the attorney general indicated local law enforcement agencies may continue to enforce COVID-19 mandates in accordance with local ordinances, Bridge Michigan reports.

“In light of the Supreme Court’s decision on Friday, the Attorney General will no longer enforce the governor’s executive orders through criminal prosecution,” Nessel spokesman Ryan Jarvi said. “However, her decision is not binding on other law enforcement agencies or state departments with independent enforcement authority.

“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,” Jarvi said.

Last Friday, the Michigan Supreme Court found that emergency directives issued by Whitmer unilaterally without authorization from the state legislature were an “unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution.” The ruling said Whitmer did not have the power to extend past April 30 orders shutting down businesses deemed by the government to be “non-essential.” The court said she had illegally drawn authority from two laws passed in 1945 and 1976 that were non-applicable. full story

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