The Court of Appeals has agreed to hear Governor Gretchen Whitmer‘s appeal of a lower court’s ruling striking down her administration’s emergency rules banning flavored e-cigarettes and to do so on an expedited basis, but refused the governor’s request to stay the lower court’s ruling from taking effect.
In an order dated Monday in Slis v. State of Michigan (COA Docket No. 351211), the Court of Appeals unanimously denied Ms. Whitmer’s motion that it stay the Court of Claims’ ruling that the emergency rules violated the Administrative Procedures Act. It did not offer a reason for the denial.
Thursday, Whitmer filed a motion with the Supreme Court asking it to stay the Court of Claims ruling and requested immediate consideration. Whitmer already had filed in October a motion with the Supreme Court asking that the case go immediate to the high court and bypass the Court of Appeals. The Supreme Court has not ruled on that request.
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