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On the same day she was issued a subpoena to testify on her efforts to stop the state’s abortion ban, fully vaxxed and double boosted Michigan Democrat Gov. Gretchen Whitmer tested positive for Covid. The subpoena, filed by attorney David Kallman on Monday, will require Whitmer to testify before Oakland County Circuit Judge Jacob Cunningham on Aug. 17 about her legal challenges to the state’s abortion ban, The Detroit News reported.
Kallman is representing Jackson County Prosecutor Jared Jarzynka and Kent County Prosecutor Chris Becker, who both argued that a Michigan judge did not have the authority to compel them to allow abortion in Michigan.
Whitmer challenged the ban in April, arguing abortion is protected under the Michigan Constitution.
Michigan’s 1931 abortion ban had been unenforceable under Roe v Wade.
In May, a Court of Claims judge issued a preliminary injunction, preventing the ban from being enforced by Michigan’s attorney general and local county prosecutors.
On Aug. 1, the Court of Appeals ruled that the preliminary injunction didn’t apply to local county prosecutors — several of whom have said they would prosecute abortion providers under the 1931 law.
“The Court of Appeals reaffirmed the independent authority of local prosecutors and upheld Michigan’s Constitution,” said Kallman. “Michigan’s abortion statute is immediately in effect and enforceable by local prosecutors.”
Regarding the subpoena of Whitmer, Kallman said: “We have the right to question her on that and delve into that to get to the bottom of her claims. How is the governor irreparably harmed if a prosecutor prosecutes a doctor who performed an abortion? Our argument is she is not.”Later on Monday, Whitmer tested positive for Covid and said she plans to work remotely. Gov. Whitmer’s bad day: Subpoenaed on efforts to stop abortion ban , tests positive for Covid , WorldTribune.com
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