Gretchen Whitmer's bad day: Abortion subpoena and positive COVID test

Michigan Democratic governor, who has argued that abortion is protected under the state's constitution, is expected to fight the subpoena.

Updated: August 9, 2022 - 1:03pm

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Michigan Democratic Gov. Gretchen Whitmer had a very bad day on Monday after she was subpoenaed to testify at a hearing about her legal efforts to stop Michigan's abortion ban and later that day tested positive for COVID-19.

Attorney David Kallman filed the subpoena which will require Whitmer to testify in front of 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, who has argued that abortion is protected under the state's constitution, is expected to fight the subpoena.

"We have the right to question her on that and delve into that to get to the bottom of her claims," Kallman said on Monday.

"How is the governor irreparably harmed if a prosecutor prosecutes a doctor who performed an abortion? Our argument is she is not," he stated.

Later that night, Whitmer tested positive for COVID-19, despite being fully vaccinated and double boosted.

She said she is experiencing mild symptoms and plans on working remotely.

Whitmer instituted stringent COVID-19 mandates in Michigan and has been under scrutiny for COVID deaths in nursing homes.