State attorney general confirms 2 recent executive orders are enforceable

Posted at 6:06 PM, May 05, 2020

LANSING, Mich. — Michigan Attorney General Dana Nessel confirmed today that a pair of recent executive orders by Gov. Gretchen Whitmer are still enforceable.

Nessel issued a "letter of guidance" to local law enforcement officials across the state today on the most recent stay-at-home order (No. 2020-70) and the order restricting public places (2020-69), according to the attorney general's office today.

Nessel said the letter was needed due to "confusion and frustration" by law enforcement officials after the Michigan Legislature recently didn't pass an extension of the state of emergency and state of disaster declared by Whitmer.

After reviewing the issue, Nessel says in the letter the two orders are valid under the Emergency Powers of the Governor Act.

She asks local law enforcement agencies to continue their enforcement efforts.

“COVID-19 has created a public health crisis of unprecedented gravity in our lifetime," Nessel says in the letter. "To date, the most effective means to contain an infectious pandemic is to keep people away from each other.

"In promulgating Executive Order 2020-69 and Executive Order 2020-70, the governor has done just that by placing restrictions on certain activities to limit social interactions. The absence of these restrictions would open gateways for the virus to reach every family and social network in every part of the state.”

See Nessel's letter on the two orders.