LANSING, Mich. (WLNS) – A temporary restraining order filed by Governor Gretchen Whitmer has been granted by a Michigan Circuit Court on Monday night.

This order bars county prosecutors from enforcing the state’s controversial 1931 abortion ban.

“To enter a TRO on a constitutional issue like this that they don’t have a right to and with out giving us the opportunity to respond or brief it or do anything is outrageous,” said David Kallman of Kallman Legal Group.

Kallman said his team is disappointed that a court has approved a temporary restraining order preventing 13 county prosecutors from enforcing the state’s ban. Jackson county Prosecutor Jerry Jarzynka is included in the order and is being represented by Kallman.

Kallman said the order has no legal basis, was filed improperly and leaves out 70 prosecutors from around the state. “Essentially, he’s creating a new constitutional right without a hearing, without any briefs from the others side, without any evidence, no nothing. I mean its outrageous,” he said.

The order came in response to the state’s court of appeals ruling that county prosecutors are not effected by a preliminary injunction on the ban. The court said it only applies to state officials. Governor Whitmer said the ruling lead her to step into the debate further.

“You know the only thing that has kept these rights in tact for the last three and a half years is my veto. I will continue to protect women’s rights in Michigan,” said Whitmer.

She said the ruling has lead to further confusion about the legality of abortion and the emotional toll on Michigan families.

“This is a very important moment when we are thinking about a law that makes a right that we’ve had for 49 years a felony, no exceptions for rape or incest. This is out of step with the average Michigander who supports woman being able to make these decisions. Even if its one they would not make themselves,” Whitmer said.

Kallman said there’s a hearing on this order scheduled for Wednesday where he plans to present his concerns and call for an immediate repeal of the circuit court’s decision.