The Republican project to criminalize abortion has merged with the national right-wing attack on elected district attorneys. This clash between state-level governments and Democratic Party-dominated cities has intensified since the Supreme Court overturned the constitutional right to abortion in the Dobbs v. Jackson’s Women’s Health Organization case. Republican-controlled state governments wasted no time in enacting bans on all or some abortions, which directly contradicted the pledges made by elected prosecutors in populous cities not to prosecute reproductive care.
The clash between state and city officials first occurred in Florida when Republican Governor Ron DeSantis suspended Former States Attorney Andrew Warren for his refusal to charge individuals seeking abortions. However, a federal appeals circuit panel later ruled that DeSantis’s decision violated First Amendment provisions for protected speech. This clash set a precedent for other states, leading at least five of them, including Georgia, Idaho, Indiana, South Carolina, and Texas, to introduce or pass legislation making it easier to prosecute individuals seeking abortions.
Jill Habig, founder and CEO of the Public Rights Project, emphasized that elected prosecutors who recognize the importance of not interfering with patients’ personal decisions have found themselves under threat. The Public Rights Project released a report detailing the wave of attacks against prosecutors defending abortion rights. These attacks target democratically elected prosecutors for their routine speech about practices in their offices. For example, Warren was suspended in Florida partly due to his statements on the right to abortion, while lawmakers in Texas sought to remove Travis County District Attorney Jose Garza because of his pledge not to prosecute abortion care.
The research conducted by the Public Rights Project reveals that these attacks on abortion rights supporters are part of a broader nationwide effort to limit the powers of elected, reform-minded prosecutors. Since early 2023, there have been 53 attempts to restrict prosecutorial authority in 26 states, with 15 new measures enacted during the same period. Some states have already succeeded in stripping power from prosecutors who support abortion rights. For instance, Idaho passed a law last year granting the state attorney general the power to take over cases related to violations of the state’s abortion ban if an elected prosecutor refuses to prosecute them.
Similar bills have been proposed in South Carolina and Texas, where lawmakers aim to create new and severe criminal offenses for abortion care and grant the state attorney general the authority to bring criminal prosecutions and file lawsuits related to abortion cases. Georgia has already enacted a law that empowers a politically-appointed commission to remove and discipline elected district attorneys who choose not to prosecute certain offenses, including abortions.
However, some states are fighting back against these attacks on abortion care. Wisconsin has proposed a bill that would give the state attorney general concurrent jurisdiction to take over certain prosecutions targeting individuals seeking abortions under the state’s law prohibiting abortions after 22 weeks. In Arizona, Governor Katie Hobbs issued an executive order in 2023 transferring all duties related to prosecuting abortion care to the state attorney general, who supports protecting the right to abortion.
The anti-abortion measures are part of a broader national attack on elected prosecutors who campaigned on reform policies. Republicans have capitalized on a backlash against candidates who advocated for ending cash bail, not prosecuting cannabis possession, overturning wrongful convictions, and prosecuting police misconduct. Between 2017 and early 2023, more than 37 bills were introduced in 17 states to strip power from prosecutors, particularly those elected in cities like Philadelphia and St. Louis.
The recent research by the Public Rights Project indicates that the number of attempts to restrict prosecutorial authority has increased to 53 in 26 states. Texas alone has seen at least 13 such efforts, including bills that further criminalize abortion and make it easier to file complaints against and investigate district attorneys who decline to prosecute certain offenses. While many of the bills introduced between 2017 and 2022 did not pass, newer bills have been more successful, with 15 new measures enacted in 14 states since last year.
Texas has taken additional steps to limit prosecutorial discretion by enacting a law that facilitates private lawsuits to remove prosecutors. The state is now considering creating a new government agency for the same purpose, following the example set by Georgia. Jill Habig warns that the trend of attacking reform prosecutors has not stopped but is instead accelerating. States that have already taken steps to restrict prosecutorial discretion are not satisfied and continue to push for further limitations.
In conclusion, the national right-wing attack on elected district attorneys has now become an attack on abortion rights. Republican-dominated state governments are clashing with Democratic Party-dominated cities over the prosecution of reproductive care. Elected prosecutors who refuse to interfere with patients’ personal decisions regarding abortion have faced threats and attempts to strip them of their power. These attacks are part of a broader effort to limit the authority of reform-minded prosecutors, with recent legislation making it easier to prosecute individuals seeking abortions. However, some states are fighting back against these attacks and taking measures to protect abortion rights. The battle between state and city officials continues, with the trend of restricting prosecutorial discretion accelerating.
