AG Nessel: MDDHS has authority to mandate masks

Michigan

Michigan Attorney General Dana Nessel addresses the media during a news conference, Thursday, March 5, 2020, in Lansing, Mich. (AP Photo/David Eggert)

LANSING, Mich. (WLNS) — Attorney General Dana Nessel has responded to the U.S. Court of Appeals for the Sixth Circuit’s ruling in favor of the Michigan Department of Health and Human Services (MDHHS) Director Elizabeth Hertel and Nessel.

The case was initially filed in October 2020 at the U.S. District Court for the Western District of Michigan, by Ressurection School of Lansing.

The Catholic elementary school challenged MDDHS’ mask mandate, later appealing to the Sixth Circuit after the district court sided with MDHHS.

This ruling affirms our continued stance that MDHHS was well within its jurisdiction to impose a mask mandate to help control the spread of COVID-19 as children went back to the classroom last school year. As science has proven and now the Sixth Circuit agrees, enacting a mask mandate in the manner in which MDHHS did so does not violate one’s rights—it is a measure by which we can better protect public health.” 

Attorney General Dana Nessel

The Court of Appeals affirmed the decision of the District Court., saying that the plaintiff’s claims of their Free Exercise, Equal Protection, and Substantiative Due Process were not likely to stand.

The district court observed that MDHHS has a rational basis for the mask mandate.

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