T&V Associates, Inc. v. Director of Health and Human Services

Overview

T&V Associates, Inc. v. Director of Health and Human Services (Mich. Ct. App., June 23, 2023) In T&V Associates, Inc. v. Director of Health and Human Services, the Michigan Court of Appeals found that the state’s epidemic emergency powers act unconstitutionally granted legislative powers to the executive branch. Read the full Opinion here.

The Michigan Court of Appeals reversed the trial court’s decision and held that the state’s epidemic emergency order statute was an unconstitutional delegation of legislative authority. A catering service and banquet facility challenged the statute under which the Director of Health and Human Services issued a COVID-19 emergency order limiting gatherings at food service establishments. The challenged statute authorized the Director to issue an emergency order prohibiting gatherings and establishing procedures to follow upon determination “that control of an epidemic [wa]s necessary to protect the public health.” In its analysis, the court focused on the absence of a definition of “epidemic” in the statute and the lack of limitation set forth by the statute’s “necessary” standard. The court found that the statute was an “extremely broad” and “essentially unlimited” grant of authority and thus an unconstitutional delegation of legislative authority to the executive branch. The Court of Appeals followed similar reasoning to the Michigan Supreme Court’s decision in In re Certified Questions, which struck down the Governor’s authority under the Emergency Powers of the Governor Act (EPGA) as an unconstitutional delegation of legislative authority. The Court also addressed and dismissed arguments of mootness and lack of standing. Read the full Opinion here.

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