Michigan AG Dana Nessel says she will refuse to enforce state’s abortion ban if Roe is overturned

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.

The 1931 law makes abortion a felony carrying a penalty of up to four years, with no exceptions for rape or incest, only to preserve the mother’s life. It’s come into the limelight after the leak of a Supreme Court draft opinion that signaled the Supreme Court is prepared to overturn Roe v. Wade.

“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 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.”

“Let’s be clear: women in my state, and in states all over America are going to die because of this position,” Nessel said. “Politicians do not belong in our doctor’s offices. They don’t belong in our bedrooms. And they should not be making these kinds of decisions on behalf of the American public and on behalf of women across America.”

Michigan Gov. Gretchen Whitmer and Planned Parenthood have both filed preemptive lawsuits to prevent the 1931 law from being enforced if Roe is overturned.