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AG Nessel Says Abortions Are Still Legal In Michigan

(CBS DETROIT) - Michigan's attorney general says abortion protections are still in place in the state.

That's because a preliminary injunction is preventing a 1931 law banning abortions from taking effect, even after the Supreme Court struck down Roe v. Wade.

"That remains the law in Michigan right now is that the 1931 law is unenforceable as of this moment," said Attorney General DanaNessel.

But that protection could go away if the ruling is lifted and that will affect all 83 counties.

Making the penalty for abortion a felony.

"In terms of what the findings will be by the Michigan Supreme Court, say in the governor's case or in the Planned Parenthood case, should it get, rise to the level of the Michigan Supreme Court, I can't say.," Nessel said.

"Do I think that there are some very meritorious arguments that are being made? Absolutely."

Planned Parenthood says this is a threat to reproductive freedom.

"To be clear abortion is still legal in Michigan and put doors are open but my heart is breaking for the millions of patients living in states that will cut off abortion access today," said Planned Parenthood of Michigan Chief Medical Officer Sara Wallett.

Right to Life Michigan celebrated the ruling on social media in a tweet that says, "Roe is dead! Democracy is alive! The justices who voted to overrule roe are on the right side of history today. Now, even more work is before us across the country as we convince voters to save millions of move lives—and eventually save them all."

Macomb County Prosecutor Peter Lucido wasn't available for comment Friday but told CW50 back in May he would prosecute violators of the 1931 law, should it go in effect.

"The fact that our governor filed a lawsuit to pre-empt anybody bringing cases for abortion in the state of Michigan, you don't legislate through the court system," Lucido said.

Nessel says there's no definitive timetable on when a ruling from the Michigan Supreme Court will come down.

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