Michigan AG says she won’t enforce state’s ‘Draconian’ 1931 abortion law - MLive.com
Michigan’s attorney general is standing her grounds and refuses to enforce what she calls a “Draconian law,” which would make abortion illegal in Michigan if Roe v. Wade is overturned.
“Let’s be clear, women in my state and states all over America are going to die because of this position,” Dana Nessel, a Democrat, said during a Sunday, May 8 appearance on NBC’s “Meet the Press.”
Nessel joined host Chuck Todd to discuss the Supreme Court’s draft opinion to overturn Roe v. Wade. The draft says that a majority of the court is prepared to overrule the landmark 1973 decision, Roe v. Wade, that legalized abortion nationwide.
Nessel said abortion would become illegal in Michigan “immediately” once, and if, Roe v. Wade is overturned, because of a 91-year-old law banning abortion.
“This incredibly Draconian and strict 1931 law would criminalize abortion in this state with virtually no exceptions,” Nessel said. “There’s no exception for rape, incest. There’s no exceptions for medical emergencies.”
“I refuse to enforce this Draconian law,” she added.
While Nessel’s office won’t enforce the law, she can’t prevent any of Michigan’s 83 county prosecutors from pursuing criminal charges against those involved in an abortion.
During Sunday’s segment, Todd talked about a portion of the Michigan penal code, if the 1931 law was enforced, specifically mentioning the use of drugs.
The penal code, in part, reads: “Any person who shall in any manner … sell or publicly expose for sale any pills, powder, drugs or combination of drugs, designed expressly for the use of females for the purpose of procuring an abortion, shall be guilty of a misdemeanor.”
It also states: " … the druggist or dealer selling the same shall, in a book provided for that purpose, register the name of the purchaser, the date of the sale, the kind and quantity of the medicine sold, and the name and residence of the physician prescribing the same.”
“Even if the woman were to procure abortion medication and then take it on her own, she herself would be guilty of that crime,” Nessel explained.
Health care providers perform a procedure called dilation and curettage to diagnose and treat certain uterine conditions – like heavy bleeding – or to clear the uterine lining after a miscarriage or abortion.
The procedure could draw confusion moving forward if Roe v. Wade is overturned.
“Because it’s the same procedure that you might perform for an abortion, (doctors) will be so concerned that these cases will be investigated,” Nessel said. “It will have a chilling effect and you won’t have basic medical healthcare that is required for women not to have extreme health problems or even die.”
“Doctors simply aren’t going to perform those procedures anymore because they don’t want to go to prison for it,” she added.
A group called Reproductive Freedom for All is gathering signatures in hopes of getting a constitutional amendment on the ballot. Nessel encouraged Michigan voters to join and sign the petition.
The Michigan Board of State Canvassers approved the language. Supporters need 425,059 signatures from Michigan voters by July 11 to make the Nov. 8 ballot.
A decision in the case had been expected before the court begins its summer recess in late June or early July, so it could be more than a month before the court actually issues a final opinion.
If the court does what the draft suggests, the ruling would upend a nearly 50-year-old decision.
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source: https://www.mlive.com/politics/2022/05/michigan-ag-says-she-wont-enforce-states-draconian-1931-abortion-law.html
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