DETROIT — Michigan Attorney General Dana Nessel on Tuesday reiterated her refusal to prosecute physicians or women under the state's abortion ban, but criticized a lawsuit filed against her department seeking to overturn the 1931 ban.
Nessel said she believes the lawsuit brought by Planned Parenthood of Michigan should be dismissed for a lack of jurisdiction because there is no case or controversy — or active prosecution — that could serve as a basis for the suit, nor will there ever be while she's in office.
It's unlikely the Democratic attorney general would file a motion to dismiss the case on those grounds since she's vowed not to expend the resources of her office to defend the 1931 law.