1931 Law Bans Abortion In Michigan, AG Says She Won't Defend It

(CBS DETROIT) Following Politico's leaked Supreme Court draft opinion on Roe V. Wade, conversations on how Michigan will be effected if the law is overturned are on the rise.

Michigan currently has a 1931 law on the books that bans abortions, a law that was trumped by the federal decision in 1973.

Governor Gretchen Whitmer filed a suit in April, asking the State Supreme Court to repeal the ban on abortion.

A move Macomb County Prosecutor Peter Lucido is calling a slippery-slope, since laws are created in the legislature and not the court.

Lucido says it's his duty to enforce all Michigan laws, including the current laws on abortion.

"The fact that our governor filed a lawsuit to pre-empt anybody bringing cases for abortion in the state of Michigan, you don't legislate through the court system," Lucido said.

"They have an independent action to take. The legislature makes the law. The executive signs it into law or vetoes it and the judiciary enforces it."

According to Planned Parenthood Michigan, the ban can effects 2.2 million women in the state.

Last month, Planned Parenthood filed a lawsuit to block the abortion ban, which carries felony charges if Roe V. Wade is repealed.

"As far as impact when the final decision comes out, that will depend on the status of our lawsuit," said Ashlea Phenicie, strategic communications manager at Planned Parenthood Michigan.

"I would imagine some additional lawsuits may be filed. When the Supreme Court decision comes out we anticipate a lot of confusion both from providers and patients."

Tuesday Michigan Attorney General Dana Nessel held a virtual press conference to announce her office won't use its powers to defend Michigan's abortion ban.

"I've pledged multiple times that I would not enforce this law and unless Planned Parenthood just doesn't believe me and thinks that you know that I'm misrepresenting what my position is, I don't understand why I would need to stipulate to anything," Nessel said.

"Again I don't think its appropriate for me to step in and start stipulating anything when I'm just not enforcing the law and I'm not defending the case."

Planned Parenthood officials say if the federal decision is repealed and the 1931 law takes effect in Michigan, patients would have to travel to places like Illinois, New York or potentially, Canada for abortion access.

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