Lawyer asks Michigan Supreme Court to throw out Whitmer abortion suit as 'anti-democratic'

Beth LeBlanc
The Detroit News

Two prosecutors fighting a lawsuit challenging Michigan's 1931 abortion ban have asked the Michigan Supreme Court to throw out Gov. Gretchen Whitmer's challenge of the law, arguing the lawsuit involves no case in controversy.

Whitmer's suit is an attempt to sidestep the Legislature or the initiative process and instead nullify a state law and amend the state constitution "at her sole request," wrote attorney David Kallman, who is representing the two prosecutors, in a Tuesday filing.