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Court sides with Whitmer in lawsuit claiming executive orders violate constitutional rights

"The primary goal of the Stay Home, Stay Safe order has always been to protect human life," Attorney General Dana Nessel said Wednesday.
Credit: AP
In a pool photo provided by the Michigan Office of the Governor, Michigan Gov. Gretchen Whitmer addresses the state during a speech in Lansing, Mich., Wednesday, April 22, 2020. The governor lengthened her stay-at-home order through May 15, while lifting restrictions so some businesses can reopen and the public can participate in outdoor activities like golf and motorized boating during the coronavirus pandemic. (Michigan Office of the Governor via AP, Pool)

LANSING, Mich. — Michigan Attorney General Dana Nessel says the Michigan Court of Claims has sided with the governor and denied a motion for a preliminary injunction. 

Court of Claims Judge Christopher M. Murray wrote in his opinion that the rights are fundamental, but that those liberties are subject to society's interests.  

"They – our fellow residents – have an interest to remain unharmed by a highly communicable and deadly virus, and since the state entered the Union in 1837, it has had the broad power to act for the public health of the entire state when faced with a public crisis," the opinion reads. 

RELATED: 5 Michigan businesses are suing Whitmer, claiming her executive orders violate constitutional rights

“I am pleased with the court’s decision,” Nessel said. “This pandemic has already taken more than 3,600 lives in Michigan and many more around the world. The primary goal of the Stay Home, Stay Safe order has always been to protect human life.”

Read the full opinion here. 

EDITOR'S NOTE: A previous version of this story incorrectly mentioned 5 businesses that were not involved in this lawsuit. This has been edited to reflect the correct information.

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