Fitness centers suing Governor Gretchen Whitmer over her virus closing orders may attempt to get the US Supreme Court to hear the matter. One approach is to ask the high court to allow the fitness centers to open in advance of formal arguments before the Justices in Washington. Final word on the decision to advance the case is expected maybe yet today. An appeals panel of three judges from the 6th Circuit reversed a federal Judge who told fitness centers and gyms they were free to open. Judge Paul Maloney here in Michigan says the state’s reasoning for keeping fitness centers closed made no sense.

The unanimous appeals court ruling though focused as much on who gets to take the responsibility and the blame for closing orders, as the reasons behind them.  The appeals court was pointed in its opinion underscoring the political ramifications of Governor Whitmer’s virus closing orders. It is not lost on anyone that nearly every fitness center kept closed by the Governor's order, was prepared to reopen with the protection of the federal court ruling. Most fitness centers and gyms followed the appeals court decision and remained closed. But a handful around the state went ahead and opened. One of them in suburban Detroit pointing out its members need physical fitness activity and all that it does for them, more than the virus protection offered by the Governor’s closing order.  So far no enforcement action has been taken against that gym or the others that went ahead and opened.

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