Prosecutors fighting Whitmer's plan to change law without legislature

Prosecutors in Michigan are gearing up to fight Gov. Gretchen Whitmer's campaign to strike down an abortion ban without using the legislature – by simply suing the state over the dispute and then having pro-abortion lawyers on both sides of the case.

WND reported earlier on the pro-abortion governor's problem: an old state law banning abortion that could become effective again should the Supreme Court strike Roe v. Wade this summer.

So Whitmer, a Democrat, sued her own state to strike the law.

Her own side advocates for abortion, and the attorney general there, in defense of the state law, also advocates for abortion.

Whitmer, in her case, sued a long list of prosecutors, who would enforce the law.

Now the Great Lakes Justice Center said it is representing two of the defendants, Jackson County Prosecutor Jerard M. Jarzunka and Kent County Prosecutor Christopher R. Becker, who are being sued by the governor over the 1931 law.

Becker said, "I am offended by yet another attempt by Governor Whitmer to usurp the normal legislative process. If she wants to change a law, introduce a bill, and convince the people that it is in their best interests to enact it. Filing suit and looking for the Supreme Court to do it, is not the right way."

The GLJC said Whitmer has no unilateral authority to attack a state law as being unconstitutional, and is without standing to bring the case.

Should a state governor be able to change a state law without going through the legislature?

"Second, no case or controversy requiring judicial intervention exists. Neither Mr. Jarzynka nor Mr. Becker have ever prosecuted anyone for violating this statute. The governor has not alleged that a single woman or doctor has been prosecuted under this criminal statute in fifty years. Contrary to the governor’s claims, no pressing need exists requiring a court to issue an injunction to stop a prosecutor from enforcing a law that he is not enforcing," the center explained.

And third, "there is no Michigan Constitutional right to an abortion."

Jarzynka said, quoting Dr. Martin Luther King Jr., "'Our lives begin to end the day we become silent about things that matter.' The state’s highest compelling interest is to protect life."

David Kallman, senior counsel for the center, explained, "Gov. Whitmer should not be wasting her time and taxpayer dollars to bring such irresponsible and meritless lawsuits. Gov. Whitmer cannot circumvent the legislature and the will of the people. The governor has no ‘delayed veto power’ to attempt to rescind a law over 90 years after its enactment, simply because she disagrees with that law."

WND reported it is one of the ways abortion promoters are working to try to keep their industry alive should the Supreme Court reverse Roe.

The preemptive lawsuit was brought by the pro-abortion governor against prosecutors in 13 of her own counties, where there are abortion businesses now operating, insisting that there is a "constitutional right" to abortion.

Whitmer's goal is that the abortion industry continue to thrive in Michigan even if the Supreme Court ruling in a Mississippi case, which challenges Roe, allows more restrictions.

Kallman explained Whitmer's move was nothing more than a "back-door attempt to invalidate Michigan’s criminal abortion statute.

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