In early October, the Michigan Supreme Court ruled Governor Gretchen Whitmer’s executive orders were in violation of the state’s constitution and ordered her to stop. The governor is restricting rights using the state’s public health code. Attorneys David Kallman and Erin Mersino say the code does not allow the interference with private business practice. Kallman and Mersino are prepared to take their cases to the U.S. Supreme Court.

Kallman represents Semlow Peak Performance Chiropractic in Grand Haven, MI. They want to allow employees to decide for themselves whether or not they want to mask up. The state has shut down the practice. Mersino is filing her case in federal court on First Amendment grounds on behalf of Resurrection Catholic School and parents of students.  The state requires the school to discipline students for not wearing masks. One student has a breathing disability and the others, siblings, have speech challenges.  The children are not allowed back in school unless they agree to wear masks for the 7-hour day. Mersino says the statute violates freedom of religion and interferes with the children’s right to an education.

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