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AG Nessel says she won't enforce 1931 felony abortion ban

Planned Parenthood of Michigan filed a lawsuit Thursday against the state's Attorney General over the ban.

GRAND RAPIDS, Mich. — Planned Parenthood of Michigan is filing a lawsuit against the state's Attorney General over a 90-year-old abortion ban.

This move was done in case the U.S. Supreme Court overturns Roe v. Wade, which legalized abortion nationwide.

Planned Parenthood of Michigan and its chief medical officer, Dr. Sarah Wallett, filed the lawsuit Thursday morning. They claim they want to protect women's rights to abortion if they need it, regardless of what happens at the national stage.

The suit blocks the state's 90-year-old felony abortion ban, which hasn't been enforceable since Roe v. Wade passed at the federal level. 

However, if the U.S. Supreme Court overturns Roe v. Wade, the plaintiffs argue prosecutors could try to enforce the 1931 law.

"If that law was in effect, it would effectively mean all abortions are illegal and physicians and other healthcare providers like myself could be at risk of felony prosecution for providing basic healthcare to Michiganders," Wallett said.

After the lawsuit was announced, Attorney General Dana Nessel responded she won't enforce the law, nor would she defend it, calling it "outdated, dangerous and cruel."

"This law is dangerous. It effectively strips women of their dignity and bodily autonomy and in some cases, their lives," Nessel said. 

In response, Wallett said she's always glad to hear elected officials support the rights of people to have an abortion and their right to make those decision for themselves. 

"What we need, though, is true protection and that's what we're asking for in this lawsuit. That no one in Michigan, no prosecutor can ever press charges against a woman or physician for having access to abortion."

Nessel says there are proposals right now to repeal the 1931 law and Gov. Gretchen Whitmer has wanted to repeal it in the past, however the state's Republican-controlled legislature isn't likely to do so.

According to ABC News, Whitmer, who is up for re-election this year, filed a similar lawsuit Thursday asking a Michigan court to recognize the right to get an abortion under the state constitution and to overturn a 176-year-old ban in the state that might take effect again if the U.S. Supreme Court's landmark Roe v. Wade ruling is vacated.

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