Court Rules Whitmer's Stay Home, Stay Safe Order Is Constitutional

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(WWJ) Despite legislative pushback and public protests, the actions taken by Governor Gretchen Whitmer during the outbreak are justified. That's the ruling from the Michigan Court of Claims yesterday, which also refused to grant a preliminary injunction against her orders. 

The case against Whitmer was filed last week by five residents who claimed her stay home, stay safe order violated constitutional rights by restricting free movement of people in the state or allowing them to utilize their privately owned property. 

In his written order, Chief Judge Christopher Murray noted constitutional rights are subject to reasonable regulation and that is especially true given the public health concern and speed of the spread of the coronavirus in Michigan. ​

This is the first substantive ruling examining the constitutionality of the executive orders. In it, the judge noted the rights people were claiming were fundamental, but the governor has broad power to act on behalf of the community as a whole during a public health crisis

“Those liberty interests are, and always have been, subject to society’s interests – society being our fellow residents. They – our fellow residents – have an interest to remain unharmed by a highly communicable and deadly virus, and since the state entered the Union in 1837, it has had the broad power to act for the public health of the entire state when faced with a public crisis,” Court of Claims Judge Christopher M. Murray wrote.  

Murray stated that issuing an injunction against the governor “would not serve the public interest, despite the temporary harm to plaintiffs’ constitutional rights.”  

The plaintiffs also alleged that the Emergency Management Act is an unconstitutional delegation of legislative power to the governor, but the court noted the act does not provide Whitmer with “uncontrolled, arbitrary power.” Instead, he indicated that the act provides for very specific procedures and criteria for the governor to declare a state of disaster or emergency, and what conditions qualify as a disaster or emergency. 

Michigan Attorney General Dana Nessel applauded the court's ruling.

“I am pleased with the court’s decision,” Nessel said. “This pandemic has already taken more than 3,600 lives in Michigan and many more around the world. The primary goal of the Stay Home, Stay Safe order has always been to protect human life.”