Five years have passed since politicians enacted unprecedented restrictions on our civil liberties in response to the COVID-19 emergency. Still, only a few state officials seem interested in assessing or learning from Gov. Whitmer’s pandemic response. As a result, the state remains unprepared for the next public health crisis.
The Mackinac Center recognizes the importance of this issue. In the last few months, we have published research on the state’s current pandemic plans, hosted a forum to discuss emergency power laws and testified in front of a legislative committee on the improper use of unilateral authority.
“Plan or Panic” is the title of my report published by the Center in May. I analyzed the pandemic plan the state health department released last year. I explain that it is not a plan; instead, it merely hands unilateral authority to the state health director. An unelected bureaucrat would have full control to mandate any social distancing measures, including closing schools and imposing statewide lockdowns.
If it sounds familiar, this was the unprecedented approach the Whitmer administration took during the COVID-19 emergency. The state’s current pandemic plan is to do a rerun of 2020 before even assessing whether its previous response was necessary or effective.
One thing is certain: If the state again hands unchecked and unilateral authority to an unelected bureaucrat, it will be embroiled in legal controversy, just as it was in 2020.
This was a point I shared with the Michigan House Oversight Committee on the Weaponization of State Government. Emergency powers are controversial because they can violate separation of powers. If the governor or other state officials can grant themselves lawmaking authority for however long they alone determine is necessary, what is to stop them from becoming de facto dictators?
Other states have clarified or limited the emergency authority the executive branch can grant itself. At an “Issues and Ideas” event the Mackinac Center hosted in Lansing, Daniel Dew of the Pacific Legal Foundation described these reforms.
Michigan needs to prepare for the next pandemic, but the last response seems to have paralyzed policymakers who might otherwise pursue reforms. This is a good reminder of the unique role of the Mackinac Center. We can draw attention to the most important policy issues, even when they are politically unpalatable.
