By Patrick Colbeck


In the wake of her 7-0 rejection by the Michigan Supreme Court, Governor Whitmer has now turned to administrative agencies to continue her unlawful Executive Orders. Despite the cessation of the state of emergency on April 30, 2020, MDHHS Director Robert Gordon has issued an emergency order under MCL 333.2253 related to epidemics.

The new emergency order stipulates the following:

  • Attendance limitations for public gatherings
  • Face covering requirements at gatherings
  • Food service requirements
  • Organized sports requirements

The emergency order is a clear rejection of the declaration by the MI Supreme Court that the state of emergency in Michigan was officially over on April 30, 2020. Furthermore, MHHS Director Gordon said, “This is likely the first of orders to come.”

The new emergency order was issued at a time when fatalities attributed to the disease have been relatively flat since June.


The emergency order will likely be met with additional legal challenges.

The net impact of the emergency order in light of the MI Supreme Court ruling is chaos as businesses and schools receive conflicting direction as to the status of limits on gatherings and requirements pertaining to the wearing of face masks.

The order is set to be in effect until October 30, 2020…four days prior to the November 3, 2020 election.

See WZZM story:

Additional references:

Statutory duties of the Michigan Department of Health and Human Services

Epidemic emergency authority and procedures

Emergency order issued by MDHHS Director Robert Gordon

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