LANSING, Mich. (Michigan News Source) – Gov. Gretchen Whitmer has been subpoenaed Monday to appear as a witness in an August 17 hearing regarding the temporary restraining order that bars Michigan county prosecutors from prosecuting abortion providers under the state’s 1931 abortion ban.

“We have the right to call witnesses,” said David Kallman, who appeared “The Steve Gruber Show” Monday morning. Kallman is the attorney representing the Jackson and Kent County prosecutors in this lawsuit.

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“We will issue a subpoena [Monday morning] to Gov. Whitmer and a court will order that she has to appear in court and answer these questions under oath [to explain] how she’s been harmed and how she believes she has a likelihood that she will win the case,” Kallman said.

The subpoena can be viewed here.

In the lawsuit, Gov. Whitmer is listed as the sole plaintiff suing the prosecutors. According to Kallman, she has to show irreparable harm to her, and he doesn’t think she can prove that.

“How is Gov. Whitmer harmed if a prosecutor prosecutes a doctor for performing an abortion under current existing law?” Kallman asked. “She’s not harmed by that. And she does not speak on behalf of all women in the state of Michigan.”

The fight over abortion will likely continue in the coming months. If petition signatures are approved, a ballot proposal will go before voters in November which would enshrine the right to a legal abortion in Michigan’s Constitution.

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“That proposal will allow abortion up to the moment of birth, and some argue even after birth,” Kallman said. “It’s the most extreme abortion law in the country if this proposal passes.”

Michigan News Source contacted Gov. Whitmer’s office for a comment but she did not get back to us by press time.

The August 17 hearing is scheduled in Oakland County.

“It shows a real disdain for the people,” Kallman said. “She does not trust the people of the state of Michigan through their legislators or the ballot box to weigh in and decide this issue. She wants the few judges who agree with her to do this.”