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AG Nessel's Statement on Efforts to Preserve Abortion Rights in Michigan

LANSING - Michigan Attorney General Dana Nessel issued the following statement Thursday in response to two lawsuits filed challenging Michigan's 1931 abortion statute:

"In 2018, when I campaigned to be Michigan Attorney General, I did so knowing the fate of Roe v. Wade was at stake. Unenforced and antiquated pre-Roe abortion bans and laws, like the 1931 Michigan statute criminalizing abortion, could become de facto state law if Roe is overturned.

"Let me be very clear, I will not use the resources of my office to defend Michigan's 1931 statute criminalizing abortion. As elected prosecutors and law enforcement officials, we have the opportunity to lead and to offer peace of mind to women and health-care professionals who might otherwise be placed in the untenable position of choosing between the exercise of personal health-care choices and the threat of criminal prosecution.

"Abortion care is an essential component of women's health care. As this state's top law enforcement officer, I have never wavered in my stance on this issue, and I will not prosecute women or their doctors for a personal medical decision."

Summary of the lawsuit:

Plaintiffs Planned Parenthood and Dr. Sarah Wallett are challenging Michigan's 1931 criminal abortion law on multiple grounds, including that the law violates Michigan's due process clause because it is unconstitutionally vague and because it violates principles of bodily integrity also protected by the Due Process Clause. The suit is available through this release posted by the ACLU.

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