LANSING, Mich. (Great Lakes News) – Gov. Gretchen Whitmer’s lawsuit to protect the legal ability to have an abortion is an “abuse of power,” according to a Lansing attorney.
David Kallman, attorney with the Great Lakes Justice Center, appeared on “The Steve Gruber Show” on Friday and detailed why Whitmer and Attorney General Dana Nessel’s attempt to shore up a constitutional right to abortion is baseless.
“They are arguing that the Michigan Constitution gives a right to abortion. That is simply not true,” Kallman said. “There is no case law that supports that.”
Gov. Whitmer sent out a press release on Thursday and cited her fear that the U.S Supreme Court could overturn Roe v. Wade and that the landmark decision could vacate the ability to have an abortion in Michigan.
“If the U.S. Supreme Court refuses to protect the constitutional right to an abortion, the Michigan Supreme Court should step in. We must trust women,” Whitmer continued.
The preemptive lawsuit targets prosecutors in 13 counties with an abortion clinic. Kallman noted prosecutors have immunity from lawsuits in addition to prosecutorial discretion.
The “176 year old ban” mentioned by media outlets refers to the original abortion ban which has been amended over the years, most recently in 1931.
Currently, there are two laws prohibiting abortion on the books in Michigan and Kallman said Whitmer and Nessel are only targeting one law.
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“They are going after Section 14 which says a doctor cannot perform an abortion at any time during pregnancy,” Kallman said. “There’s a second law [Section 323] which they’re not challenging which also bans abortions by doctors for any time a child is viable. Why aren’t they challenging this law? It shows the hypocrisy of what they’re doing.”
Whitmer, who is up for reelection in November, is taking the case directly to the Michigan Supreme Court and asking justices to quickly take up the case.
Ultimately, Kallman said the lawsuit asks the Michigan Supreme Court to rule there is a complete right to abortion under the Michigan Constitution. He said if that right is granted, it guarantees abortion is legal up to the moment of birth.
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