Gov Half-Whit: I'll Play Politics And Sue - Though There Is No Actual Case

In election years politicians do dumb things. Gov Half-Whit offers no exception to this rule, and if anything, proves it.

Here, our dear Governor Whitmer, ready to burnish her Democrat and Feminist credentials has filed a non-justiciable lawsuit. As a lawyer she should darn well know it 

Justiciability requires that there be an actual case or controversey in order for a court to make a decision.

You can't sue and ask the court to decide a hypothetical, you have to have a real actual conflict or actual wrongdoing violation, or real threat of penalty or sanction in order for a court to rule.

Gov Whitmer knows this, she is, after all, an attorney but she doesn't care.

The Detroit News: Great Lakes Justice Center to represent 2 county prosecutors named in Whitmer's abortion suit

Whitmer's lawsuit filed earlier this month challenging a 1931 ban on abortion came in anticipation that the U.S. Supreme Court could overturn the landmark Roe v. Wade decision that enshrined abortion as a constitutional right.

The lawsuit names 13 county prosecutors, seven Democrats and six Republicans, who may be called on to enforce the 1931 law in counties where abortion clinics are present. 

Note the issue - it's filed in anticipation of the law being restored, the Federal case has not been heard yet, so the 1931Michigan ban is not currently operative and thus cannot be litigated as there is no real case or controversy.

Note also how she doesn't name all Michigan county prosecutors and interestingly enough, the Democrat prosecutors she sued have all agreed to not enforce the ban - nice collusion there, eh? (which again, cannot even be enforced yet).  

Whitmer weirdly filed in Oakland County Circuit Court rather than the court of claims and is trying to jump it straight to the Michigan  Supreme Court.

Even stranger, she's the Executive of the State trying to overturn a law passed by the Legislature and a Prior Executive, as defunct and non-enforceable as it may be. Funny how she's not trying to preemptively and properly overturn it legislatively, neh?

Both the Oakland County Circuit Court and Michigan Supreme Court should dismiss this case out of hand as its non-justiciable, frivolous, and untimely.  The courts should sanction her for this kind of political grandstanding and knowingly bringing such a quite frankly BS case before the court.