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CERTIFIED QUESTIONS FROM U.S. DIST. COURT

No. 161492.

958 N.W.2d 1 (2020)

506 Mich. 332

IN RE CERTIFIED QUESTIONS FROM the UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION Midwest Institute of Health, PLLC, d/b/a Grand Health Partners, Wellston Medical Center, PLLC, Primary Health Services, PC, and Jeffery Gulick, Plaintiffs, v. Governor of Michigan, Michigan Attorney General, and Michigan Department of Health and Human Services Director, Defendants.

Supreme Court of Michigan.

Decided October 2, 2020.

Attorney(s) appearing for the Case

Miller Johnson, Grand Rapids (by James R. Peterson , Stephen J. Van Stempvoort , and Amy E. Murphy ) and the Mackinac Center Legal Foundation (by Patrick J. Wright ) for Midwest Institute of Health, PLLC; Wellston Medical Center, PLLC; Primary Health Services, PC, and Jeffery Gulick.

B. Eric Restuccia , Deputy Solicitor General, Christopher M. Allen , Assistant Solicitor General, and Joseph T. Froehlich , Joshua Booth , John Fedynsky , and Kyla Barranco , Assistant Attorneys General, for the Governor and the Department of Health and Human Services Director.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, Ann M. Sherman , Deputy Solicitor General, and Rebecca A. Berels , Assistant Attorney General, for the Attorney General.

Pentiuk, Couvreur & Kobiljak, PC, Wyandotte (by Kerry L. Morgan and Randall A. Pentiuk ) and Gerald R. Thompson for the LONANG Institute, Amicus Curiae.

Katherine L. Henry for Restore Freedom, PC, Amicus Curiae.

Samuel R. Bagenstos and Nathan Triplett for the House Democratic Leader and the House Democratic Caucus, Amici Curiae.

Fagan McManus, PC (by Jennifer L. McManus ) and Kaplan Hecker & Fink LLP (by Joshua Matz , Raymoud P. Tolentino , Jonathan R. Kay , and Mahrah M. Taufique ) for Michigan Epidemiologists, Amicus Curiae.

Richard Primus in propria persona, Amicus Curiae.

Barris, Sott, Denn & Driker, PLLC, Detroit (by Todd R. Mendel and Eugene Driker ) and Patterson Belknap Webb and Tyler LLP (by Steven A. Zalesin and Ryan J. Sheehan ) for the Michigan Nurses Association, Amicus Curiae.

Lipson Neilson PC, Bloomfield Hills (by C. Thomas Ludden ), Jonathon P. Hauenschild , and Bartlett D. Cleland for the American Legislative Exchange Council, Amicus Curiae.

Rhoades McKee PC, Grand Rapids (by Ian A. Northon ) for the Election Integrity Fund, Amicus Curiae.

BEFORE THE ENTIRE BENCH.

OPINION

This case concerns the nature and scope of our state's public response to one of the most threatening public-health crises of modern times. In response to a global, national, and state outbreak of the severe acute respiratory disease named COVID-19, Michigan's Governor has issued a succession of executive orders over...

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