Pontiac Times

In October, the Michigan Supreme Court ruled against Gov. Gretchen Whitmer’s use of emergency powers during the COVID-19 pandemic.

The state high court's 4-3 ruling focused on Whitmer's executive orders issued under the Emergency Powers of Governor Act of 1945. The court said they were “unlawful and unconstitutional," according to Michigan Capitol Confidential. However, mask requirements and restrictions on restaurants and gathering capacity were not affected by the ruling.

The number of COVID-19 cases has almost doubled in the state since the ruling. "But there is little or no evidence that the court case led to the spike in COVID-19,” says Michigan Capitol Confidential.

Gov. Gretchen Whitmer | stock photo

There was an average of 99.2 new cases per day in the state when the Supreme Court issued its ruling on Oct 2. On Sept. 9, there was an average of 69.1 new cases per day -- which means Michigan was already experiencing a spike in new cases.

Whitmer's executive orders were still in effect for another 21 days after the high court’s ruling. After that, the Michigan Department of Health and Human Services (MDHHS) put most of Whitmer’s orders into effect by issuing its own directives, citing a 1978 law. 

If the Supreme Court’s decision did cause the rise in COVID-19 cases in the state, Michigan would have seen a more dramatic rise in cases than the surrounding Midwestern states during the same time period. But that did not occur.

Just like Michigan, Indiana, Illinois, Minnesota, Ohio and Wisconsin were already experiencing new record levels of COVID-19 cases since Oct. 2.

A survey by OnePoll recorded that 84% of Michiganders said they would wear face masks in public whether it was mandated or not. That's a 12-point increase from September. As of Dec. 1, coronavirus cases in Michigan have reached over 360,000 with more than 9,000 deaths, according to Michigan.gov.