As pro-abortion activists fear that lesser number of women will be able to access, some local officials from states which are strictly pro-life have pledged that they are not willing to enforce them.
According to a report by The Wall Street Journal (WSJ), several district attorneys in metropolitan areas including ones in Atlanta, New Orleans, Dallas and San Antonio said they will not prosecute abortion providers or others and also those who assist a woman in getting an abortion.
The WSJ report says that this can potentially create uneven legal landscapes inside these conservative states which are also home to more liberal urban areas.
State attorney general who are up for reelection in Michigan and Wisconsin as well as Democrat contenders in Georgia and Arizona have said that they will not bring laws banning abortion in their respective states.
There is a history of prosecutors ignoring outdated laws such as those penalizing adultery and marijuana use. The possible withdrawal of constitutional protections for women seeking abortion have now prompted some of these officials in urban areas to assert their ability to exercise prosecutorial discretion.
Louisiana, one of the staunchest among pro-life states, adopted some strict laws in the US which would come into effect if Supreme Court overrules Roe, the 1973 decision that established a constitutional right to the procedure. But Jason Williams, the district attorney for Orleans Parish, says he has a different approach.
Williams told the WSJ that amid an uptick in homicides and violent crimes, to spend time “on investigating and pursuing charges against women regarding their own bodies seems counterintuitive.”
However, Democrat governor John Bel Edwards’ spokesperson said that he expects that providers would follow all applicable laws.
The American legal system allows local prosecutors to decide which criminal cases to bring in their jurisdictions but state attorney generals can expropriate that authority once they receive authorization from the governor, former Maine attorney general was quoted as saying by the WSJ.
The report, however, said that if the US Supreme Court overrules Roe then providers are likely to face problems in continuing their businesses. Abortion service providers are also likely to face issues including getting insurance and potentially losing their licenses.
(with inputs from The Wall Street Journal)
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