GEIS-新闻详情

With state abortion restrictions looming, some officials promise not to enforce them

2022-05-23 00:00:00.0 铸币报-政治原网页

A new wave of abortion restrictions is expected in half of the U.S. if the Supreme Court overturns Roe v. Wade. Some local officials are pledging not to enforce them, potentially creating uneven legal landscapes within conservative states that are home to more liberal urban areas.

District attorneys in metropolitan areas including Atlanta, New Orleans, Dallas and San Antonio have said they won’t prosecute abortion providers or others, including those who assist a woman in obtaining the procedure. Current state attorneys general who are up for re-election in Michigan and Wisconsin, as well as Democratic candidates for that office in Georgia and Arizona have likewise pledged not to enforce any laws banning abortion in their states.

Prosecutors have long enjoyed latitude to ignore outdated laws such as those penalizing adultery or let minor offenses such as recreational marijuana use slide. The divisiveness of abortion and the possible withdrawal of decadeslong constitutional protections for women seeking the procedure have prompted some to make more aggressive assertions of prosecutorial discretion.

“They do make decisions all the time not to enforce laws and it’s not unusual. It’s a little more unusual for it to be as politicized as this," said Jenny Carroll, a professor at the University of Alabama School of Law.

Promises of nonenforcement have come predominantly from law-enforcement officials residing in states such as Louisiana where there will likely be total or near-total bans on abortion if the Supreme Court overrules Roe, the 1973 decision that established a constitutional right to the procedure. The justices’ ruling, in a case from Mississippi, is expected by late June, and a leaked draft of the decision suggested they were preparing to take that step.

Louisiana has adopted some of the strictest laws in the country that would take force if Roe falls. The state is poised to make it a crime to perform an abortion at any point in pregnancy punishable by up to 10 years in prison.

Jason Williams, the district attorney for Orleans Parish, said he disagrees with the ban and has higher priority issues that need attention, with limited resources to address them.

Given the recent uptick in some violent crimes in New Orleans, Mr. Williams said the idea of spending his office’s resources “on investigating and pursuing charges against women regarding their own bodies seems counterintuitive."

Sarah Zagorski, a spokeswoman for Louisiana Right to Life, said the group will look to the state’s Democratic governor, an abortion opponent, to ensure laws are enforced.

A spokeswoman for Gov. John Bel Edwards said, “The Governor expects that providers would follow all applicable laws."

In most states, local prosecutors are the primary decision makers on what criminal cases to bring in their jurisdictions, but in many cases state attorneys general can usurp that authority if they receive authorization from the governor, said James Tierney, a former Maine attorney general. Some states and their legislatures could test those boundaries, he said.

If Roe is overturned, “we’re going to go through a phase of uncontrolled litigation filed by district attorneys and attorneys general around the country in an unpredictable fashion," Mr. Tierney said.

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Prosecutors say that even if they promise not to enforce abortion laws in their states, that may not give providers enough assurance to continue operating.

Sherry Boston, the district attorney for DeKalb County, a predominantly Black suburban area that includes a slice of Atlanta, has said she won’t prosecute abortion providers. But she said that providers would still likely struggle with issues including getting insurance and potentially losing their licenses.

“I think doctors for the most part are going to be forced to follow the laws that are in place," she said.

Georgia passed a law in 2019 that bans most abortions at about six weeks of pregnancy. It isn’t in effect now but could take force if the Supreme Court gives states wide latitude to restrict abortion.

Whether or not promises of nonenforcement have much practical impact, abortion opponents say prosecutors are obligated to enforce the laws whether or not they agree with them. “I think it’s unprincipled for district attorneys or attorneys general to not enforce the laws or selectively enforce the laws," said Clarke Forsythe, senior counsel for Americans United for Life.

In Arizona, the legislature this year passed a law banning most abortions after 15 weeks of pregnancy. It is also one of eight states with an abortion ban that predates Roe v. Wade.

Kris Mayes, the Democratic candidate for state attorney general, said she won’t enforce the restrictions if she wins election, arguing they are out-of-step with the views of Arizonans as well as the state constitution’s right to privacy.

“I think the Republicans vastly overreached on this and they’re about to find out what that means in November," Ms. Mayes said.

A number of her potential Republican opponents have said they would fully enforce the state’s restrictions if the Supreme Court’s coming ruling allows them to do so. “Every single state law that prohibits abortion was enacted by the duly elected legislature of that state and by refusing to enforce these laws, Democrats are ignoring the will of the people," said Rodney Glassman, one of the Republican attorney general candidates running in the state’s primary.