House of Representatives and Senate v. Governor

Summary

The Michigan Supreme Court denied the Legislature’s application for leave to appeal before decision by the Court of Appeals and the Governor’s cross-application for bypass review in litigation concerning executive orders issued during the COVID-19 pandemic. The majority concluded that the issues should first receive consideration in the Court of Appeals. Separate opinions addressed the significance of the emergency powers, the parties’ appellate standing, and whether expedited review was warranted.

Holdings

1. The Supreme Court denied the Legislature's application for leave to appeal before decision by the Court of Appeals and denied the Governor's cross-application because the Court was not persuaded that the questions presented should be reviewed before the Court of Appeals considered them.

Questions Presented

1. Whether the Michigan Supreme Court should grant the Legislature's application to bypass the Court of Appeals under MCR 7.305(B)(4).
2. Whether the Michigan Supreme Court should grant the Governor's cross-application to bypass the Court of Appeals.
3. Whether the parties' significant constitutional and statutory challenges to the Governor's COVID-19 emergency orders should be reviewed by the Supreme Court before consideration by the Court of Appeals.

Disposition

other