Michigan Attorney General Dana Nessel (D) said she would not enforce a “draconian” 1931 abortion law should Roe v. Wade be overturned by the Supreme Court this summer.

The law would not allow for abortion in any case – even in cases of rape, incest or saving the life of the mother. It would also allow women and doctors to be criminally charged.

On Mother’s Day, Nessel claimed that if the law went into effect, it would “endanger their [mother’s] lives and put to jeopardy the health, safety and welfare of the lives of each and every woman in the state of Michigan.”

Nessel’s comments come a week after an opinion draft was leaked from the Supreme Court. The draft signaled an overturn of 1973’s Roe v. Wade ruling, which decided that a woman’s right to choose was protected under the Constitution. The opinion, which had been circulated between the justices in February, was authored by Justice Samuel Alito and indicated a 5-4 vote to return the right to decide on abortion laws to the individual states.


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Some Michigan Democrats have aligned with Nessel in saying they would not enforce the anti-abortion law, but state Republicans have said they think the law should be upheld.

In her appearance on Meet the Press, Nessel added that she hoped the Michigan Supreme Court would find the law unconstitutional. The Michigan Supreme Court is left-leaning.

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