Related Federal Cases
Gretchen Whitmer, Arbitrary Restrictions, Michigan 2020
A federal court in Michigan has been told by the U.S. government that a lawsuit brought by seven businesses against the state’s COVID-19 restrictions is worth supporting. The businesses claim that Governor Gretchen Whitmer’s orders are arbitrary and discriminate against them.
The restrictions, which have been in place for over two months, have forced the plaintiffs to close or significantly restrict their businesses. However, similar occupations have been allowed to operate. The plaintiffs include a real estate brokerage, a lawn and property maintenance company, an automotive glass exporter, an engine oil and auto parts distributor, a small jewelry store, a dental office, and an association of car washes.
Assistant Attorney General Eric Dreiband of the Civil Rights Division said, ‘Our Constitution is enduring, and it is critically important that government comply fully with the Constitution in times of crisis.’ The U.S. Attorneys for the Western and Eastern Districts of Michigan, Andrew Birge and Matthew Schneider, respectively, expressed similar sentiments, emphasizing the importance of protecting civil liberties during the pandemic.
The U.S. government’s statement of interest argues that the facts alleged by the plaintiffs could amount to violations of the Commerce Clause and the Equal Protection Clause of the Constitution. In its statement, the U.S. government also highlights the arbitrary nature of the governor’s orders, pointing out that certain businesses are allowed to operate while similar businesses are forced to close or limit their operations.
Matthew Schneider, U.S. Attorney for the Eastern District of Michigan, said, ‘I have no doubt about the governor’s good intentions, but the Executive Orders arbitrarily discriminate by allowing some businesses to operate while similar businesses must close or limit their operations—and if they refuse, they face fines and possible jail time.’
The case, Signature Sotheby’s International Realty, Inc., et al. v. Whitmer, No. 1:20-00360, is ongoing in the Western District of Michigan federal court. The year 2020 marks the 150th anniversary of the Department of Justice, and the agency is celebrating its milestone year with a focus on its rich history and commitment to upholding the rule of law.
Key Facts
- State: Michigan
- Category: Fraud & Financial Crimes|Public Corruption
- Source: DOJ Press Release â†â€â€
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