Probable Issue: Covid-19 Emergency Authority

The COVID-19 pandemic triggered scenarios in which government at various levels exercised special emergency authorities. Image credit: Getty Images

Date Posted: September 14, 2021

Michigan Farm Bureau

In ordinary situations, no one branch of government or single official can unilaterally create laws. The legislative process allows for public involvement as bills move through committees, the Michigan House of Representatives and Senate and ultimately to the governor. Once signed into law, the Michigan Administrative Procedures Act (APA) then provides for the ways in which agencies can promulgate, including impact statements, public comment and review.

The COVID-19 pandemic triggered scenarios in which government at various levels exercised special emergency authorities. The governor initially attempted to use executive orders issued under several public acts that were ultimately found to be unconstitutional. However, state agencies were able to utilize authorities granted to them during a public health emergency to reissue many of those restrictions, including utilizing provisions in the Michigan APA to create special emergency rules valid for up to one year and not subject to the typical notice and review. Some agencies have also started establishing permanent rules related to COVID-19, many without specific sunsets related to virus spread or vaccination.

Thoughts to Consider

How well has state government balanced fairness and transparency with quick action during the COVID-19 pandemic?
Should the governor or state agencies be able to create temporary rules in order to keep the public safe without public input or approval of the legislature?
Should “temporary” and “emergency” be defined? Should this be limited to “pandemic,” “epidemic” and/or other specified periods?
Have certain COVID-19 emergency authorities or exemptions been particularly helpful or harmful to agriculture?