Michigan Providers’ Motion to Block Covid-19 Order Dismissed

Medical providers’ request to block an emergency order prohibiting them from providing nonessential medical services during the coronavirus pandemic was dismissed by a Michigan federal court because the order has been rescinded.

The dismissal was without prejudice, the U.S. District Court for the Western District of Michigan said Wednesday. The three health-care practices and patient that moved for a preliminary injunction pending review of the emergency order’s validity potentially could refile the motion should circumstances change.

The court noted that the plaintiffs withdrew their preliminary injunction request after Gov. Gretchen Whitmer (D) announced May 21 that she was withdrawing the order effective May 29. It also denied the motion to hold a scheduling conference May 28.

Although conceding that immediate relief isn’t needed, the providers argued in a May 26 brief that the governor’s rescission of the order didn’t moot the case.

“Whitmer can simply issue another executive order that re-imposes her ban on non-essential medical procedures,” they said. “And in any event, Governor Whitmer’s executive orders still impose numerous requirements upon the Plaintiffs’ provision and receipt of medical care.”

Midwest Institute of Health PLLC, Wellston Medical Center PLLC, Primary Health Services PC, and Jeffery Gulick sued Whitmer and other state officials May 12. They alleged the order, which extended a prior emergency order, is unconstitutional. That issue is still pending.

Judge Paul L. Maloney signed the order.

Miller Johnson PLC and Mackinac Center Legal Foundation represent the providers. The Michigan Attorney General’s Office represents Whitmer and the state officials.

The case is Midwest Inst. of Health PLLC v. Whitmer, W.D. Mich., No. 20-cv-414, 5/27/20.