Order Michigan Supreme Court Lansing, Michigan September 9, 2020 Bridget M. McCormack, Chief Justice 161492 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman Brian K. Zahra In re CERTIFIED QUESTION FROM THE Richard H. Bernstein UNITED STATES DISTRICT COURT, Elizabeth T. Clement WESTERN DISTRICT OF MICHIGAN, Megan K. Cavanagh, Justices SOUTHERN DIVISION SC: 161492 _________________________________________/ MIDWEST INSTITUTE OF HEALTH, PLLC, d/b/a GRAND HEALTH PARTNERS, WELLSTON MEDICAL CENTER, PLLC, PRIMARY HEALTH SERVICES, PC, and JEFFERY GULICK, Plaintiffs, v GOVERNOR OF MICHIGAN, MICHIGAN ATTORNEY GENERAL, and MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES DIRECTOR, Defendants. _________________________________________/ On September 9, 2020, the Court heard oral argument on the questions certified by the United States District Court for the Western District of Michigan. On order of the Court, the questions are again considered. We DIRECT the parties to file supplemental briefs by 5:00 p.m. on Wednesday, September 16, 2020, addressing: (1) whether the Emergency Powers of the Governor Act (EPGA), MCL 10.31 et seq., applies in the context of public health generally or to an epidemic such as COVID-19 in particular; and (2) whether “public safety,” as that term is used in the EPGA, is a term of ordinary meaning or has developed a specialized legal meaning as an object of the state’s police power, and whether “public safety” encompasses “public health” events such as epidemics. Amici are invited to file supplemental briefs on these issues by the same deadline.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 9, 2020 t0909 Clerk