The national right-wing attack on elected district attorneys has now intersected with the Republican agenda to criminalize abortion.
Following the Supreme Court’s decision to overturn the constitutional right to abortion in Dobbs v. Jackson’s Women’s Health Organization, several Republican-led state governments swiftly moved to restrict or ban abortions. However, many major cities within these states are dominated by Democratic politics, where elected prosecutors have pledged not to prosecute reproductive care, leading to a conflict with state-level authorities.
The conflict initially erupted in Florida when Republican Governor Ron DeSantis suspended an elected prosecutor in 2022 for refusing to charge individuals seeking abortions. In a subsequent federal appeals court ruling, DeSantis’s actions were deemed to violate First Amendment rights, particularly regarding the prosecutor’s advocacy for abortion and transgender rights.
“Those prosecutors who have recognized that they have no place interfering with patients’ personal decisions have found themselves under threat.”
Since then, multiple states have introduced legislation aimed at curbing the powers of elected prosecutors who have taken similar stances. Over the past two years, Georgia, Idaho, Indiana, South Carolina, and Texas have either proposed or passed laws making it easier to prosecute individuals seeking abortions.
Jill Habig, founder and CEO of the Public Rights Project, stated, “As reproductive health care became criminalized in the wake of Dobbs, prosecutors around the country became a front line for this essential right. Those prosecutors who have recognized that they have no place interfering with patients’ personal decisions have found themselves under threat for that decision.”
A recent report by the Public Rights Project highlighted a wave of attacks against prosecutors defending abortion rights, including attempts to restrict their speech. Prosecutors in Florida and Texas faced challenges due to their positions on abortion care.
Idaho, Georgia, and More
Efforts to diminish the authority of prosecutors supporting abortion rights have seen some success in states like Idaho and Georgia. Laws have been enacted to grant the state attorney general greater control over cases related to abortion bans.
In Texas, multiple bills have been proposed to introduce severe penalties for abortion care, empowering the state attorney general to initiate criminal proceedings in such cases.
Georgia’s legislation allows a politically-appointed commission to remove and discipline elected district attorneys who choose not to prosecute certain offenses, including abortions.
While some states have pushed back against the attacks on abortion care, others have taken steps to restrict prosecutorial discretion, potentially impacting cases involving abortion rights.
Tons of New Bills to Curb DAs
The anti-abortion measures are part of a broader national attack on elected prosecutors advocating for reform. Efforts to limit the powers of reform-minded prosecutors have gained momentum, with several states introducing bills to curtail their authority.
A recent report by the Public Rights Project and Local Solutions Support Center outlined various attempts to undermine reform-minded prosecutors, including those supporting abortion rights. The research underscores the ongoing challenges faced by prosecutors standing up for reproductive rights.
While many bills introduced between 2017 and 2022 did not pass, newer measures have proven more successful, with 15 new laws enacted in 14 states within the past year. The trend of restricting prosecutorial discretion continues to accelerate, with Texas and other states exploring additional measures to control prosecutors.
As states intensify efforts to restrict prosecutorial discretion, the landscape for prosecutors defending abortion rights remains precarious. The unfolding developments underscore the broader implications of these legislative actions on reproductive healthcare and prosecutorial independence.
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