Michigan AG says she wouldn't enforce "draconian" 1931 abortion ban

[brooklynite]

Source: Axios

Michigan Attorney General Dana Nessel wouldn't enforce an "incredibly draconian and strict" abortion law that would take effect in the state if Roe v. Wade is repealed, she told NBC's "Meet the Press" on Sunday.

Why it matters: The 1931 law makes abortion a felony carrying a penalty of up to four years, with no exceptions for rape or incest, only to preserve the mother’s life. It's come under the spotlight after the leak of a Supreme Court draft opinion that signaled the Supreme Court is prepared to overturn Roe v. Wade.

While Roe v. Wade has taken precedence over state abortion bans for decades, Michigan's law was never repealed.

What they're saying: "As attorney general, I have statewide jurisdiction. And I ran on a platform of understanding that likely during the course of my term, Roe v. Wade would be overturned," Nessel said.

Read more: https://www.axios.com/2022/05/08/michigan-abortion-ban-1931-draconian

[DownriverDem]

1. Strong women

Our AG, SOS and Governor stand between our freedom and the repub legislature.

[James48]

2. It's not up to her.

My local County Prosecutor and the County Sheriff in my county are both republicans. And the Sheriff has made is very clear he intends on enforcing the law. My Sheriff is the head of the county GOP.

Michigan has 83 counties- and about 50 of them have GOP prosecutors. THEY are the ones who will be prosecuting those cases.

[Kaleva]

5. Which county is that? Not every county has facilities that provide abortions. Mine doesn't.

Sheriffs and county DAs don't have authority outside their respective jurisdictions.

I looked at the state Planned Parenthood website and the nearest facility that offers the abortion pill is 110 miles away.

[kelly1mm]

3. I think that AG's shouldn't be able to ignore laws they do not support. Should Republican

AGs be able to ignore laws they don't support? Additionally, as mentioned by another poster the AGs office is not the primary criminal law prosecutorial organ of the state, the local states attorneys office does that independent of the AGs office.

[llashram]

7. I think State AG

should have jurisdictional powers over draconian barbaric laws created by afraid people. What's next? Wayne County says all POC can't ever vote again. While these people are free to vote? Because the county sheriff or citizen committee says so?

https://www.roadsnacks.net/whitest-cities-in-michigan/

[kelly1mm]

8. Hard disagree. The state AG is an executive position and its job is to execute the laws

passed by the legislature and upheld by the courts. If the AG does not like the law they should work to change it through the legislature or if they thing it is unconstitutional (via the US Constitution or the State Constitution) they should seek redress through the courts. What they shouldn't do is ignore laws they personally oppose.

[llashram]

10. I know

I'm just pissed and you are right...

[J_William_Ryan]

4. When was the last time the law was enforced prior to 1973?

If it wasn’t enforced prior to Roe, that could be precedent for prosecutorial discretion for not charging a woman or her doctor with a crime.

[James48]

9. Michigan enforced it until Roe.

And never took the statute off the books.

[riversedge]

6. Thank you