Their statements could create legal conflicts between more liberal urban prosecutors and red state attorneys general and lawmakers, some of whom are already planning to take control of abortion cases by local authorities. However, experts and abortion providers said it was unlikely that only district attorneys’ promises would push for abortion clinics to reopen in states that have outlawed procedures, as uncertainty remains over the impact of the Supreme Court ruling. shooting down Roe vs. Wade previous. “A prosecutor really has a lot of discretion in deciding his or her priorities and cases,” said Rachel Barkow, a law professor at New York University who has studied the role of prosecutors in the criminal justice system. “But they could be voted out of office or the states could give the power to prosecute someone else.” While assurances from prosecutors have been helpful, abortion providers are likely to be “concerned that this is not specific enough and permanent,” he added. The district attorneys who speak – whose jurisdictions host more than 10 million people – say they have the power to prioritize other crimes over lawsuits against abortion providers. “The job of the prosecutor is to protect public safety, and enforcing this law will not only fail to promote or protect public safety, but will also lead to more damage,” said José Garza, Attorney General in Travis, Texas. , which includes Austin. Other district attorneys who have vowed not to prosecute abortions include Dallas, San Antonio, Milwaukee, Nashville and Birmingham, among other cities. The CNN review included the 13 states with activation laws that prohibit abortions following a Supreme Court ruling, as well as two other states where abortion bans have taken effect, Wisconsin and Alabama. The courts are considering some of these bans. Many of the district attorneys signed a joint statement released Friday, pledging to “refrain from prosecuting those seeking, providing or supporting abortions.” “Not everyone agrees on abortion, but what they do agree on is that it is not a smart or effective or wise use of limited prosecutorial resources,” said Miriam Krinsky, executive director of Fair and Just Prosecution. criminal justice reform team that organized the statement. “They will become the last line of defense.” Opponents of abortion have blasted local prosecutors involved in the effort. James Bopp, Jr., adviser to the National Law Committee on Life, called their stance “undemocratic.” His team has proposed a model law for lawmakers that would allow state attorneys general to prosecute abortions when local attorneys refuse to do so. “They were not elected to decide what the law is,” Bopp told district attorneys. “If they do not want to enforce these laws, then we will get someone else to do it.” Other prosecutors in abortion-free states told CNN they would evaluate abortion prosecutions on a case-by-case basis. “It’s a dangerous way for a DA to make broad and hypothetical statements without a real charge or case before it,” Amy Weirich, attorney general in Shelby County, Tennessee, which includes Memphis, said in an email. The Tennessee Act banning abortions is set to take effect within the next two months, while a more restrictive ban on abortions after about six weeks of pregnancy went into effect Tuesday. The impact of district attorneys who refuse to prosecute is likely to vary from state to state. In Texas, even if district attorneys do not prosecute abortion providers, Attorney General Ken Paxton – who has upheld the Supreme Court ruling – can file civil lawsuits against providers, possibly making them liable for huge fines. This means that abortion clinics in the state “will continue to pose a major legal risk,” said Sandra Guerra Thompson, a law professor at the University of Houston. (A judge has temporarily blocked the total Texas ban, allowing some clinics to reopen and repeat abortions for up to six weeks of pregnancy, but the suspension is likely to last only a few weeks.) In addition, a Texas spokesman said he plans to introduce a bill during the state legislature next year to allow district attorneys in neighboring counties to file charges if a local DA refuses to prosecute an abortion case. Opponents of abortion have also suggested that district attorneys who swear not to prosecute abortion could be removed from office under state law targeting local officials who “neglect” to “perform the duties required by law.” – although Thompson said she thought it was unlikely. However, uncertainty has encouraged some prosecutors to be more cautious. Even when prosecutors in other major Texas cities signed a letter vowing not to prosecute abortion, Harris County Mayor Kim Ogg, who represents Houston, was more cautious. He appealed the Supreme Court ruling and took part in a demonstration in support of abortion rights, but said in a statement that he would evaluate abortion prosecutions on a case-by-case basis because he “does not want to miss the opportunity to be on duty”. A spokesman for the Planned Parenthood Federation of America said her team did not know of any providers who would continue to provide abortions based on prosecutors’ statements alone. In Nashville, for example, while DA Glenn Funk vowed not to prosecute abortion providers and compared the Supreme Court ruling on abortion to the Dred Scott slavery case, the local Planned Parenthood chapter said his statement would not let them ignore state restrictions. “While we appreciate the support of the Nashville DA for our reproductive freedom,” said Savannah Bearden, a spokeswoman for the Planned Parenthood of Tennessee and North Mississippi. of. and make sure her clinic can continue to provide other health care services. Some providers are also concerned that the statute of limitations on state abortion laws may last longer than prosecutors’s term, leaving open the possibility for future prosecutors to charge cases that their predecessors refused to charge. Promises of non-prosecution could have a greater impact in purple states where local district attorneys are backed by state officials. In Wisconsin, for example, prosecutors in the two largest cities, Milwaukee and Madison, said they would not prosecute cases under the abortion ban that went into effect last week. Gov. Tony Evers, a Democrat, has also vowed to pardon any medical provider convicted of abortion, and Attorney General Josh Cowle has argued against the ban in court. “If voters want a prosecutor who will prosecute women seeking abortion or licensed providers acting in the best interests of their patients, they will have to elect someone else,” said Dean County DA Ismael Ozanne, who represents Madison. Meanwhile, abortion is likely to become a driving issue in high-risk DA elections. In Maricopa County, Arizona, one of the most populous counties in the United States, the Republican DA, which has said it will prosecute some abortion cases, is facing special elections later this year. The only Democratic candidate in the race has said she will not pursue abortion. Rachel Mitchell, of the Maricopa DA, told local news agencies she would refuse to prosecute abortion providers for rape or incest, but would enforce other Arizona abortion laws. The 15-week abortion ban is set to take effect in Arizona in September, and state officials are debating whether another ban should apply before Roe. Similar battle lines for abortion have been created between candidates for attorney general in later elections in Tennessee. “We will see elections being framed around this issue,” Barkow, a NYU professor, predicted. “A lot of voters will be mobilized on both sides,” he said, and in usually low-turnout local races, “it could make a difference.”
