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June 25, 2022

A focus on local prosecutors as abortions now are subject to broad criminalization after Roe's reversal

The modern progressive prosecutor movement had already in recent years brought heightened attention to prosecutorial policies and practices.  The Supreme Court's ruling in Dobbs overruling Roe and allowing for the broad criminalization of abortion has, unsurprisingly, brought even more attention to whether, when and how prosecutors might seek to charge persons for abortion-related activities.  Here are a few recent news article discussing some of these issues:

From the Fort Worth Star-Telegram, "Tarrant County DA says she will prosecute any legitimate Texas abortion law violations"

From The Hill, "Elected prosecutors vow not to go after women seeking abortions"

From NBC News, "Prosecutors in states where abortion is now illegal could begin building criminal cases against providers"

From STAT News, "HIPAA won’t protect you if prosecutors want your reproductive health records"

A few prior related posts:

UPDATE: An email from the National Association of Criminal Defense Lawyers, pointing to this NACDL webpage, reminded me that the defense bar is also going to have an important role in mapping out future policy and practice when it comes to criminal enforcement of abortion prohibitions. Here is a snippet from the NACDL webpage noting its plans in this legal space:

As a leader in the fight against overcriminalization and mass incarceration, NACDL is committed to providing the defense bar with the tools they need to take on the complex and varied cases arising from the Supreme Court’s decision to overturn Roe v. Wade.  Resources will include legal news, information on in-person and virtual trainings, and court filings focused on the specific issues defenders will encounter in these cases.  These tools support lawyers in their defense of cases ranging from child endangerment to homicide brought against a wide array of individuals, including women charged for their pregnancy outcomes or actions while pregnant, abortion seekers, providers, and those caught up in the wide net of related conspiracy and accomplice statutes.

June 25, 2022 at 05:10 PM | Permalink


No unborn babies in Kentucky were killed today. It’s a good day.

Posted by: TarlsQtr | Jun 25, 2022 10:16:38 PM

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