Draft opinion jolts Michigan, where abortion ban is on books

LANSING, Mich. (AP) — A draft opinion that suggests the U.S. Supreme Court could be poised to overturn the landmark Roe v. Wade decision reverberated in political battleground Michigan, where a near-total abortion ban may take effect again after nearly 40 years and is unlikely to be changed by the Republican-led Legislature.

There is increased attention in Michigan on the state courts, where Democratic Gov. Gretchen Whitmer and Planned Parenthood — anticipating the ruling — filed lawsuits less than a month ago seeking to invalidate the 1931 law that remains on the books. The development also put a focus on the November election, when the governor and legislators are up for reelection and voters may decide whether to enshrine abortion rights in the state constitution.

“Women are waking up this morning feeling hopeless; but we can't go back. I'm more motivated than ever to keep fighting like hell to ensure abortion remains safe and accessible in Michigan," Whitmer tweeted.

The leaked draft opinion published Monday by Politico in effect states there is no constitutional right to abortion services and would allow individual states to more heavily regulate or outright ban the procedure. But it’s unclear if the draft represents the Supreme Court's final word on the matter — opinions often change in ways big and small in the drafting process.

Michigan's pre-Roe law, which dates to an 1846 law, makes it a felony to use an instrument or administer any substance with the intent to abort a fetus unless necessary to preserve the woman's life. There are no exceptions in cases of rape and incest, and Whitmer has said Michigan would have “one of the most extreme laws in the country.”

Republican legislators have blocked Democrats' efforts to repeal the law. The state's Democratic...