GOP legislators see a significant weakness in abortion restrictions in their jurisdictions: many state prosecutors can’t enact them.
Local Prosecutors Disobey
Republicans have enacted legislation that’d enable state lawmakers to circumvent prosecuting attorneys or remove them from their positions if their abortion-related implementation is considered to be too lax.
These bills have been initiated in Georgia, Indiana, South Carolina, and Texas, due to Republican frustration with liberal state prosecutors who’ve already openly vowed not to pursue charges, regardless of their state’s abortion legislation.
Among the laws that Texas legislators are attempting to pass would enable the state AG or a private citizen to sue a court to dismiss a state prosecutor for failing to lay charges involving abortion, as well as violent crimes.
Additionally, they intend to draft legislation that would permit any person to file a civil lawsuit against anyone thought to be actively supporting an abortion.
Georgia lawmakers want to set up a prosecutorial review committee that will have the authority to fire or reprimand state prosecutors who continue to refuse to fulfill their obligations.
Republicans clash with prosecutors over enforcement of abortion bans | https://t.co/9X8z922UXQ | GOP lawmakers see a major fl
— PerceptionWars (@patriots_will) February 12, 2023
Abortion prosecutions are now the responsibility of local state attorneys, but a piece of legislation presented in the South Carolina House might provide the state AG the authority to pursue such cases.
Therefore, in Indiana, if a prosecuting attorney refuses to apply the law, a special prosecutor chosen by the legislature would be able to do so.
One aspect of a larger dispute over differing attitudes to criminal justice, which has been seen in conflicts over drug policies, property crimes, as well as other misdeeds, is the growing hostility among conservative legislators and local prosecutors regarding abortion.
Conservative state authorities claim prosecutors must now reign in their indulgences as more of them, especially in liberal metropolitan areas in red states, gain votes by rejecting the long-held, hard-on-crime philosophy and campaigning as a counterweight to GOP legislators.
GOP fight prosecutors over enforcement of abortion bans :Protestors want Texas DAs removed who won’t promote Abortion Ban 😧 Lawyers choice if they don’t prosecute those having abortions or doctors giving them They will probably open up their own firm!! https://t.co/FbxjuUIN1G
— ALGreen (@AbbyGre60599897) February 12, 2023
According to Republican Indiana Sen. Aaron Freeman, who happens to be the bill’s sponsor, the legislation is currently on the records; therefore, it needs to be enforced on an equal basis amongst individuals.
He explained whether it’s cannabis, abortion, or executing murder laws, it must be implemented. He claims he’s worried about the fact that members of society seem to be comfortable with not following the American Constitution.
He claimed that “scares him” and people are just doing whatever they want without thought.
Republicans Fight Back
Republicans are also looking towards non-legislative strategies.
Florida’s Democratic Hillsborough County State Attorney Andrew Warren was placed on administrative leave by Governor Ron DeSantis after he publicly promised not to file any charges related to the state’s 15-week abortion ban.
Whilst the judge determined DeSantis’ move breached the state Constitution, he concluded a state court may overturn the governor’s judgment in Warren’s reinstatement lawsuit in federal court.This article appeared in Conservative Cardinal and has been published here with permission.