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

Overview

(Michigan Supreme Court, November 1, 2024): The Michigan Supreme Court held that a challenge to the State’s epidemic emergency powers act is moot and vacated the lower court’s finding that the act is unconstitutional. A catering service and banquet facility challenged the statute under which the Michigan Director of Health and Human Services issued a COVID-19 emergency order limiting gatherings at food service establishments. The challenged statute authorizes the Director to issue an emergency order prohibiting gatherings and establishes procedures to follow upon determination “that control of an epidemic is necessary to protect the public health.” The State argued that the case was moot as the challenged order was no longer in effect. The intermediate appellate court rejected the mootness argument and found that the statute was an “essentially unlimited” grant of authority and thus an unconstitutional delegation of legislative authority to the executive branch. The Supreme Court reversed its holding that the case is moot, vacating the lower court’s finding of unconstitutionality, and not addressing the merits of the challenge. As a result, the statute remains in effect. Read the full opinion here.

View all cases in the Judicial Trends in Public Health – February 18, 2025.

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