LANSING, Mich. (Great Lakes News) – A Michigan attorney is pushing back against Gov. Gretchen Whitmer and the lawsuits she filed to protect the legal ability to have an abortion.
David Kallman, an attorney with the Great Lakes Justice Center, says Gov. Whitmer has no justification to file the lawsuit.
On Thursday, Gov. Whitmer announced the lawsuit, asking the courts to recognize a right to abortion under the state constitution. Whitmer cited her fear that the U.S Supreme Court could overturn Roe v. Wade.
In addition, Whitmer is seeking to overturn a 176-year-old ban in Michigan that may take effect if the landmark case is vacated.
“Governor Whitmer has no authority under Article 5, Section 8, of the Michigan Constitution to attack a state law as being unconstitutional,” said Kallman. “She only has authority to force the prosecutors to obey a law, or to stop them from violating a law.”
In addition, Kallman said “None of the defendant prosecutors [named in Whitmer’s lawsuit] have prosecuted anyone for violating this statute. No woman or doctor has been prosecuted under the statute in the past fifty years.
Therefore, no case or controversy exists for a court to decide.”
In her Thursday press release, Whitmer stated, “However we personally feel about abortion, a woman’s health, not politics, should drive important medical decisions. A woman must be able to make her own medical decisions with the advice of a healthcare professional she trusts – politicians shouldn’t make that decision for her.”
During the start of the pandemic in the spring of 2020, Whitmer kept abortion clinics open claiming they are “life sustaining.” Meanwhile, she closed schools, restaurants, and forbade residents from buying lawn furniture and seeds with her sweeping executive orders.
“Governor Whitmer should not be wasting her time and taxpayer dollars to bring such irresponsible lawsuits,” Kallman concluded. “Attorney General Nessel should not be enabling her in an attempt to circumvent the legislature and the will of the people.”