Court Battles

Elected prosecutors vow not to go after women seeking abortions

More than 80 elected prosecutors from around the country said in a joint statement on Friday they would not enforce abortion bans, putting some at odds with laws on the books in their states that seek to curb access to abortions quickly in the event Roe v. Wade is overturned — which happened earlier in the day.

“Enforcing abortion bans runs counter to the obligations and interests we are sworn to uphold. It will erode trust in the legal system, hinder our ability to hold perpetrators accountable, take resources away from the enforcement of serious crime, and inevitably lead to the retraumatization and criminalization of victims of sexual violence,” the 83 prosecutors said in a statement issued through Fair and Just Prosecution.

The prosecutors — who hail everywhere from Dallas County, Texas, to Los Angeles, California — argued that the Supreme Court’s decision to strike down Roe v. Wade would not eliminate abortions, only safe abortions.

They also claimed that it would negatively impact public safety by devoting resources toward prosecuting abortion bans instead of serious crimes, and they expressed concern that marginalized groups such as those who have suffered rape or incest would be disproportionately harmed.

“Criminalizing and prosecuting individuals who seek or provide abortion care makes a mockery of justice; prosecutors should not be part of that,” they wrote.


The Supreme Court on Friday ruled that there is no constitutional right to an abortion, more than a month after a leaked drafting ruling from the high court indicated it would do so.

Some prosecutors had already signaled ahead of the high court’s decision that they would not be enforcing abortion bans, despite the fact that some of their states have “trigger” laws where abortion would either be immediately or soon banned should the 1973 landmark decision be overturned.