jonathanturley | In a recent column in the New York Times, Michigan Gov. Gretchen Whitmer criticized President Donald Trump for not issuing a national order making the wearing of masks mandatory – a pledge made by Vice President Joe Biden raising serious constitutional questions. Now, Whitmer is having her broad interpretation of state executive authority checked by the Michigan Supreme Court, which found that she violated the Constitution with her extension of the state of emergency.
The Supreme Court found that Whitmer lacked authority under two laws — the Emergency Management Act from 1976 and the Emergency Powers of the Governor Act from 1945. Notably, before the court’s opinion, advocacy groups submitted more than 539,000 signatures in a bid to repeal the 1945 law.
Yet the Michigan Supreme Court has now ruled that neither law gave Whitmer the authority to continue the state of emergency or issuing unilateral orders past April 30th.
NEJM | Six Trigger Criteria for State Covid-19 Vaccination Mandates.
Covid-19 is not adequately contained in the state.
The Advisory Committee on Immunization Practices has recommended vaccination for the groups for which a mandate is being considered.
The supply of vaccine is sufficient to cover the population groups for which a mandate is being considered.
Available evidence about the safety and efficacy of the vaccine has been transparently communicated.
The state has created infrastructure to provide access to vaccination without financial or logistic barriers, compensation to workers who have adverse effects from a required vaccine, and real-time surveillance of vaccine side effects.
In a time-limited evaluation, voluntary uptake of the vaccine among high-priority groups has fallen short of the level required to prevent epidemic spread.
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