Michigan Attorney General Dana Nessel said Sunday she won’t enforce a 1931 state law banning abortion if the Supreme Court overturns the 1973 Roe v. Wade decision.
“I refuse to enforce this draconian law that will endanger their lives and put in jeopardy the health, safety and welfare of the lives of each and every woman in the state of Michigan,” Ms. Nessel said on NBC’s “Meet the Press.”
At the same time, she said local prosecutors would have the authority to carry out the law, which bans abortion except to “preserve the life of the woman.”
“There are 83 duly elected prosecutors for every county in our state,” said Ms. Nessel. “As attorney general, I have statewide jurisdiction, and I ran on a platform of understanding that likely during the course of my term, Roe v. Wade would be overturned.”
She said “this incredibly draconian and strict 1931 law would criminalize abortion in this state with virtually no exceptions. No exception for rape, for incest, no exception for medical emergencies.”
WATCH: Michigan Attorney General Dana Nessel says she will “refuse to enforce” the state’s existing abortion law if Roe is overturned. #MTP@dananessel: “This incredibly draconian and strict, 1931 law would criminalize abortion in this state with virtually no exceptions.” pic.twitter.com/HLLHKYz7vV
— Meet the Press (@MeetThePress) May 8, 2022
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A draft majority opinion leaked Monday showed that the court has the votes to overturn Roe, which established a constitutional right to abortion.
Michigan Gov. Gretchen Whitmer and Planned Parenthood have filed preemptive lawsuits to prevent the 1931 law from being enforced if Roe is overturned.
Thirteen states have so-called “trigger” laws poised to take effect when and if Roe is no longer in effect, while several other states, including Michigan, have old laws on the books that were nullified by Roe but never repealed.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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