Michigan’s governor is facing a subpoena in her lawsuit to invalidate the state's 1931 abortion ban.
At a hearing next week, an Oakland County circuit court will determine whether to continue preventing prosecutors from enforcing the law during the legal fight. A temporary restraining order is currently blocking them from doing so.
Attorney David Kallman represents some of those prosecutors. He said to get a preliminary injunction granted, Gov. Gretchen Whitmer will need to prove how she’ll be harmed if the law takes effect.
“The governor keeps saying that she’s representing all women in the State of Michigan in bringing this lawsuit. Well, number one, she’s not,” Kallman said. “Remember, mothers cannot be prosecuted under this law. The Michigan Supreme Court ruled 60 years ago that a mother cannot be prosecuted under this abortion statute that’s at issue in this case.”
Governor Whitmer could fight the subpoena. Her communications staff did not respond to requests for comment in time for this story.
The temporary restraining order granted in Oakland County Circuit Court is now among the last barriers to enforcement of Michigan’s abortion ban.
In a separate case, the Court of Appeals recently ruled an injunction against enforcement of the ban issued by the Court of Claims only applied to the state, not local prosecutors.