Attorneys General are the top law enforcement Officers where they serve. Some are refusing to enforce some laws...
Soon after the Supreme Court voted to overturn Roe v. Wade, dozens of prosecutors nationwide - including at least five in Texas, representing some of the state's most populous counties - declared they would not pursue charges against people who seek or provide abortions.
In response, a group of conservative Texas legislators have hatched
a plan to circumvent those local district attorneys: allow prosecutors from other parts of the state to enforce the laws for them.
"The legislation that we will introduce next session will empower district attorneys from throughout the state to prosecute abortion-related crimes ... when the local district attorney fails or refuses to do so," wrote Rep. Mayes Middleton, chairman of the Texas Freedom Caucus, in a letter sent last week to a law firm he accused of aiding illegal abortions.
The idea has been circulating since at least March, after the Texas Supreme Court shut down the final challenge to S.B. 8 — the state bill that effectively banned most abortions even before Roe was overturned by deputizing private citizens to sue anybody who provided an abortion, or helped a woman seek one.
"Abortion funds think they can flout the law because a local district attorney refuses to bring charges. We'll fix this problem next session," said Republican state Rep. Briscoe Cain that month, when he announced he would introduce the bill.
If Cain's proposal passes, it would be another highly unusual modification to the traditional criminal justice system in Texas, following in the footsteps of S.B. 8, which used its private lawsuit mechanism to sidestep the Roe-era constitutionality issues of an outright criminal ban.
"It's an example of the same kind of tactical ethos on the part of the Republican Party, which is, 'We're just going to rewrite the playbook,' " said Jennifer Laurin, a professor at the University of Texas Law School.
In almost every state, including Texas, prosecutors are elected by people who live in their area of jurisdiction.
If voters don't like how a prosecutor has chosen to pursue some types of crime over others - like police prosecutions, marijuana offenses, or immigration-related crimes - they can vote differently next time.
Prosecutors elected by Democratic majorities in Dallas, San Antonio and Austin have already said they will not pursue abortion-related charges. "I don't want women who live in our community suffering or dying at home because they're too scared to go to the doctor and get the medical attention that they need," said Travis County District Attorney José Garza last week in an interview with NPR.
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The rule of law here is going away.....
ReplyDeleteTHESE JACKWAGONS are gonna find out about OUR AG...PAXTON, he doesnt kid around. HE IS A SERIOUS A LAW~DOG! BETTER hope he doesnt put the RANGERS ON THEIR ASSES?
ReplyDelete