Governor Gretchen Whitmer is filing a lawsuit to ensure the legality of abortion in Michigan.

Whitmer says the 1931 abortion law on the books in Michigan is outdated and unconstitutional, and is superseded by the decision in Roe v. Wade. She says that if Roe v. Wade is overturned in the coming weeks, the ban goes into effect and abortion becomes illegal. Whitmer says nearly 2.2 million women will lose access to a legal procedure, and lose their reproductive and economic freedom.

Michigan Attorney General Dana Nessel says she won’t use her office to defend the state’s 1931 law in a suit filed by Planned Parenthood.

Right to Life Michigan calls Whitmer’s lawsuit “frivolous” and calls on the Michigan Supreme Court to dismiss it. They say they will do everything they can to fight the lawsuit.