(The Center Square) – The U.S. Department of Justice has filed a statement of interest pertaining to a lawsuit filed by seven Michigan businesses against executive orders issued by Gov. Gretchen Whitmer.
Referencing the federal case Signature Sotheby’s International Realty, Inc., et al. v. Whitmer, the DOJ states Gov. Whitmer’s executive orders might violate the Commerce Clause and the Equal Protection Clause of the U.S. Constitution. The lawsuit was filed April 28 in the U.S. District Court Western District of Michigan.
According to the DOJ statement, which was issued on Friday: “In response to the COVID-19 pandemic, the Governor of Michigan has, over the past two months, issued over 100 executive orders that impose sweeping limitations on nearly all aspects of life for citizens of Michigan, significantly impairing in some instances their ability to maintain their economic livelihoods.”
The statement asserts “serious questions” arise regarding the governor’s EOs in response to the coronavirus pandemic. Among those questions is whether the purported benefits of imposing restrictions on businesses offsets the negative impact of those measures on interstate commerce.
“Our Constitution is enduring, and it is critically important that government comply fully with the Constitution in times of crisis,” Assistant Attorney General Eric Dreiband of the Civil Rights Division said in a DOJ statement. “The Constitution permits appropriate state and local government restrictions to protect the health and safety of Americans, but it does not permit arbitrary limits that limit the right of all people in our country to be treated equally and fairly by the government.”
Andrew Birge, U.S. Attorney for the Western District of Michigan, also noted: “While we appreciate the governor’s serious responsibility to safeguard public health through this pandemic, the Department of Justice has an obligation to call attention to the contours of the rights enshrined in the federal Constitution and to counsel against arbitrary restrictions on liberty.”
Whitmer’s office responded late Friday night with its own statement.
“Throughout this crisis, we have followed the science and listened to medical experts to keep our hospital system from collapsing and protect front line health workers who are looking out for the people of Michigan,” the governor said.
“All of us know the importance of getting people back to work and the economy moving again. The state has already loosened restrictions on construction, manufacturing, real estate and retail, with more expected in the coming days. But the worst thing we can do is open up in a way that causes a second wave of infections and death, puts health care workers at risk, and wipes out all the progress we’ve made,” she said.
Whitmer’s statement concludes with an assertion the DOJ is acting on behalf of the White House.
“It is crystal clear that this challenge is coming directly from the White House, which is ignoring the risk of a second wave of the virus and pushing too quickly to roll back public health guidelines,” she said. “We know that will only prolong the pandemic and make the economic pain that much worse for Michiganders. No matter what happens, I will always put the health and safety of Michiganders first.”
Matthew Schneider, U.S. attorney for the Eastern District of Michigan, labeled Whitmer’s EOs restricting business activity well-intentioned but also stated the orders “arbitrarily discriminate by allowing some businesses to operate while similar businesses must close or limit their operations – and if they refuse, they face fines and possible jail time.”
Schneider continued: “Under the Governor’s Orders, it’s OK to go to a hardware store and buy a jacket, but it’s a crime to go inside a clothing store and buy the identical jacket without making an appointment. That’s arbitrary. As important as it is that we stay safe during these challenging times, it is also important to remember that we do not abandon our freedoms and our dedication to the rule of law in times of emergency.”