Tri-City Sun

Michigan Gov. Gretchen Whitmer’s COVID-19 executive orders have led to numerous lawsuits, one of which was filed by the Mackinac Center for Public Policy (MCPP) on May 12 concerning “nonessential” medical treatments.

“According to Patrick Wright, director of the MCPP Legal Foundation and vice president of legal affairs, the lawsuit was filed on behalf of three medical practices prohibited from performing necessary care and one patient denied medical treatment deemed nonessential by Whitmer’s Executive Orders 2020-17 and 2020-77,” The Center Square reported.

MCPP filed the lawsuit in conjunction with the Miller Johnson Law Firm.

The lawsuit challenges Whitmer’s orders, which prohibited all “nonessential” medical treatments and claims the governor’s emergency declarations are unconstitutional on several counts.

“The lawsuit asserts the governor’s emergency declarations are unconstitutional because they violate the state’s separation of powers; are an unlawful exercise of authority under state law; violate due process provisions; and violate the U.S. Constitution’s Commerce Clause,” the Center Square reported.

"Under both the state constitution and federal law, the governor doesn’t have the power to unilaterally shut down health care providers in the state,” Wright told the Center Square. “The state is hurting people by delaying important health care.”

Two plaintiffs, the Wellston Medical Center and Primary Health Services, are owned by Jordan Warnsholz, who has experienced hardship as a result of the shutdown.

“Not only has this shutdown harmed my employees and my practice, but it has put my patients directly at risk,” Warnsholz said, according to the MCPP's website. “These oppressive executive orders are meant to save lives, but instead they are endangering many of them.” 

Another plaintiff is the Grand Health Partners, which performs elective surgeries and endoscopies. Its patients have been unable to get treatment as a result of Whitmer's order. One patient who postponed gallbladder surgery developed gangrene, and another whose feeding tube was damaged and needed repair could not be treated, according to Wright.

Dr. Randal Baker, a practicing surgeon and president of Grand Health Partners, has seen firsthand the detriment of Whitmer’s orders.

“This shutdown is risking lives and imperiling health… the curve has been flattened. There will likely be spikes of cases in the future, but we can’t shut down non-COVID health care every time. We need to reassess the best practices to save the most lives, particularly where COVID-19 cases are low,” Baker said, as reported by the Center Square.