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Court won’t accelerate appeal on e-cigarettes

LANSING, Mich. (AP) — The Michigan Supreme Court said Friday it won’t take an expedited appeal from Gov. Gretchen Whitmer in a dispute over flavored e-cigarettes.

The court said any appeal should follow a traditional path to the Court of Appeals.

A Court of Claims judge in October blocked Whitmer’s ban on flavored e-cigarettes, saying health officials can’t justify short cuts to adopt the new regulations. Judge Cynthia Stephens also expressed concern about the impact on adults who might be vaping to avoid regular cigarettes.

Whitmer said the ban was necessary to keep flavored e-cigarettes away from teens.

“This case cries out for immediate action,” the attorney general’s office said in a filing at the Supreme Court. “Middle school and high school students are increasingly using flavored nicotine vapor products at an explosive and alarming rate.”

Justice Stephen Markman wanted to quickly hear the appeal.

“I would do so not necessarily to reverse the injunction, but to affirm the proposition that the judiciary must act with the greatest dispatch in resolving the constitutional validity of actions undertaken by representative public institutions, where such actions have been enjoined by the judiciary,” Markman said.

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