MICHIGAN — Politico shared a leaked draft of a U.S Supreme Court opinion suggesting the end of Roe VS. Wade ruling on May 2.
Michigan Attorney General Dana Nessel addressed the draft ruling Tuesday afternoon.
Nessel explained that if Roe v Wade is overturned, abortion won’t just be illegal in Michigan, it will be a felony.
That’s because of the 1931 law still on the books in Michigan which makes abortion illegal. Under that law, doctors and nurses could then face criminal prosecution for performing that kind of care.
Michigan’s 1931 law does not make exceptions in the case of rape or incest.
Nessel said she will not enforce the 1931 law if Roe v Wade is overturned.
One day later, there are already a pair of lawsuits circulating in Michigan to protect the rights of women if the Supreme Court does in fact overturn the ruling.
ACLU Michigan is asking the court to protect a woman’s right to abortion under our own state constitution.
The historic lawsuit filed in April 2022 on behalf of Planned Parenthood of Michigan asks the court to act fast so regardless of the US Supreme Court’s decision, there is no lapse in care for women.
Also in April 2022, Governor Whitmer filed a lawsuit to protect abortion rights, asking a court to recognize a right to abortion under the state constitution and to overturn a 176-year-old ban in Michigan that might take effect again if the U.S Supreme Court’s landmark Roe V. Wade ruling is vacated.
Following Politico's release, she tweeted, “Our work is more important than ever. I'll fight like hell to protect abortion access in Michigan."
Reactions are starting to pour in from Michigan lawmakers.
Congressman Bill Huizenga says, “If reports are true and a majority on the Supreme Court have ruled to rectify Roe, it is the correct decision, and I hope they release the majority opinion as soon as it is finalized.”
He went on to say he was praying for the justices during these unprecedented times.
Now federally, congress can pass a law reinstating federal abortion rights. However Democrats need more votes to do that, and those likely won’t come from any Republicans.
Here’s a map showing states that have enacted “trigger laws” banning most abortions, or kept pre-Roe v. Wade abortion bans on the books, which could be enforced if Roe were to be overturned by the Supreme Court.