I Fought The Law And The Law Won, Con't

Republicans are increasingly declaring war on county prosecutors and district attorneys who exercise prosecutorial discretion by refusing to enforce unconstitutional abortion laws, eliminating them through new legislation, impeachment, gubernatiorial fiat, state courts, or in some cases complete state takeover of the jurisdiction.

GOP lawmakers see a major flaw in their states’ near-total abortion bans: Some local prosecutors won’t enforce them.

Republicans in Georgia, Indiana, South Carolina and Texas — frustrated by progressive district attorneys who have publicly pledged not to bring charges under their state’s abortion laws — have introduced bills that would allow state officials to either bypass the local prosecutors or kick them out of office if their abortion-related enforcement is deemed too lenient.

In Texas, one of several bills lawmakers are pushing would allow the state attorney general or a private individual to ask a court to remove a district attorney who fails to prosecute abortion-related offenses and other “crimes of violence.” They also plan to introduce a bill to allow any resident to bring civil claims against anyone suspected of “aiding and abetting” an abortion.

In Georgia, legislators want to create a prosecutorial oversight commission that could discipline or remove local prosecutors who demonstrate a “willful and persistent failure to perform his or her duties.”

A bill introduced in the South Carolina House would give the state attorney general the power to prosecute abortion cases — something currently under the purview of local district attorneys.

And in Indiana, proposed legislation would allow a legislatively appointed special prosecutor to enforce laws when a local prosecutor declines to do so.

The mounting tension between Republican lawmakers and local prosecutors over abortion is one part of a broader fight over diverging approaches to criminal justice — seen in recent battles over drug laws, property crimes and other offenses. As more prosecutors, particularly in progressive metropolises in red states, win elections by breaking with the decadeslong tough-on-crime mindset and running as a check on GOP lawmakers, conservative state officials say they now need to rein in their excesses.

“Whatever issue we’re talking about — whether it’s marijuana, abortion, enforcing homicide statutes, enforcing whatever the law is — the law is on the books, and the law is supposed to be applied equally across the board among our citizens,” said Republican Indiana Sen. Aaron Freeman, who is sponsoring the special prosecutor bill. “If we’re just going to basically ignore the Constitution and our republic and just do whatever the hell we want, well, that’s a society that scares the hell out of me.”

GOP officials are also exploring nonlegislative tactics. In Florida, Gov. Ron DeSantis suspended Hillsborough County State Attorney Andrew Warren, a Democrat, over his public pledge not to bring charges under the state’s 15-week abortion ban. Warren sued in federal court to be reinstated, and while the judge agreed that DeSantis’ action violated the state’s constitution, he ruled that only a state court could reverse the governor’s decision.

 

"Small government" Republicans certainly have no problem with tying the hands of local prosecutors when it comes to abortion bans that harm or even kill women, but God forbid a local sheriff or constable refuse to enforce a gun safety law, right?

 

The law, and who it is enforced against, is whatever Republicans say. And when Republican states eventually start filling prisons with women who had miscarriages or abortions in other states, it'll be what these Republicans say, too.