(The Center Square) – The latest lawsuit to challenge Gov. Gretchen Whitmer’s executive orders issued during the coronavirus pandemic was filed Tuesday afternoon by the Mackinac Center for Public Policy in conjunction with Miller Johnson Law firm.
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.
Those orders, according to the MCPP and Miller Johnson complaint, “prohibit all ‘non-essential’ medical treatments and expansive categories of in-person work.”
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.
Three plaintiffs are seeking relief through the court to resume business activities while a fourth plaintiff is seeking permission to obtain a knee-replacement surgery. The lawsuit also seeks an injunction against enforcement of 2020-17 and 2020-77; damages to be determined at trial; as well as recovery of court costs, including attorneys’ fees.
The complaint states: “Meanwhile, medical providers are on the brink of financial ruin, facing extreme revenue shortages caused by the Governor’s order forcing the postponement or cancellation of so-called ‘non-essential’ procedures. Thousands of healthcare workers across Michigan have been furloughed or laid off.”
As well, the complaint notes that 2020-17 “provides that, until the termination of the Governor’s declaration of a state of emergency, most medical providers are prohibited from providing any ‘medical or dental procedure that is not necessary to address a medical emergency or to preserve the health and safety of a patient, as determined by a licensed medical provider.’”
Wright contends Whitmer’s orders are unclear and violate Michigan law.
“The governor’s medical ban is both vague and illegal and the denial of non-COVID medical care is causing extreme effects,” Wright told The Center Square.
As an example, Wright cited Grand Health Partners, one of the lawsuit’s plaintiffs. Operating in the Grand Rapids area, Grand Haven and Petoskey, GHP was prohibited from performing endoscopies and other elective surgeries identified as nonessential by the governor. As a result, GHP couldn’t treat many patients.
One of those patients, Wright said, required a repair of a damaged feeding tube. Another patient, he added, couldn’t have a gallbladder surgery and, as a result, developed gangrene.
“This shutdown is risking lives and imperiling health,” said Dr. Randal Baker, GHP president and a practicing surgeon. “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.”
Jordan Warnsholz is a physician assistant and owner of both the Wellston Medical Center in Wellston and Primary Health Services in Ludington, both predominately rural areas. The two family care and urgent care facilities are two additional plaintiffs in the lawsuit
Warnsholz noted in a news release he is unable to see patients who need in-person monitoring for chronic conditions, which has led to heart attacks, depression and even suicide attempts by some of his patients.
“Not only has this shutdown harmed my employees and my practice, but it has put my patients directly at risk,” Warnsholz said. “These oppressive executive orders are meant to save lives, but instead, they are endangering many of them.”
Jeffery Gulick, the lawsuit’s fourth plaintiff, required surgery to alleviate excessive pain in one of his knees. Because of the governor’s orders, his surgery has been postponed indefinitely.
“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 said.
Additionally, he noted: “The state is hurting people by delaying important health care.
Whitmer’s office didn’t return a request seeking comment.
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