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DAs refusing to prosecute abortion crimes
Posted on 6/24/22 at 7:38 pm
Posted on 6/24/22 at 7:38 pm
This has been discussed a lot in other threads but figured it deserves it’s own.
https://www.wwltv.com/article/news/politics/louisiana-abortion-laws-prosecution-da-ag/289-8f91298b-98c3-4b6e-ac73-bad086725f5c
https://www.wwltv.com/article/news/politics/louisiana-abortion-laws-prosecution-da-ag/289-8f91298b-98c3-4b6e-ac73-bad086725f5c
quote:
NEW ORLEANS — Loyola Law School professor Dane Ciolino has been teaching his students about Roe v. Wade for many years.
In one exercise, he shows how the Constitution could easily be interpreted in polar opposite ways on the issue of abortion, primarily because it is never explicitly addressed in the document.
“The great public misunderstanding about this opinion, and Roe versus Wade before it, is that these justices aren't expressing any opinion about the rightness or wrongness or the morality of abortion,” Ciolino said. “The only issue they're deciding is who decides.”
Ciolino said lawmakers, and ultimately voters, will now be left determine the issue on a state-by-state basis.
“Effective just after nine o'clock central time this morning Louisiana has one of the most restrictive abortion laws in the country,” he said “And if people don't like that, they have to resort to the democratic process.”
Ciolino anticipates that voters will have a lot to say.
“Now the pressure is on legislators,” he said. “And voters will put the pressure on them, whatever views those voters have.is going to matter and they'll state their opinions on abortion at the ballot box.”
Attention could also shift to local district attorneys, Ciolino said. That's because the teeth in Louisiana's almost complete abortion ban is in criminalization of doctors who perform the procedure, making it punishable by up to 10 years in prison.
“District attorneys in Louisiana have unbridled discretion to decide what sorts of cases to prosecute and which sorts of offenses to let go unprosecuted,” Ciolino said. “If a local DA were to say 'I'm not going to prosecute abortion in my district,' there's nothing anybody could do about that. Now, there's an element of lawlessness to it, with a DA essentially saying I understand what the law is, enacted by the Legislature and signed by the governor, but the law doesn't matter to me.”
21
Posted on 6/24/22 at 7:39 pm to Mickey Goldmill
Doesn't matter, you gonna open an abortion clinic based on just what a DA says?
Posted on 6/24/22 at 7:40 pm to Mickey Goldmill
It’s a local issue.
Posted on 6/24/22 at 7:41 pm to j1897
Didn’t say it would change anything. I posted it because the question about DAs has been brought up several times today.
Posted on 6/24/22 at 7:42 pm to Mickey Goldmill
I dont know about that. I'm thinking that maybe the state A.G. could get involved, but maybe not.
Posted on 6/24/22 at 7:42 pm to Mickey Goldmill
quote:
“District attorneys in Louisiana have unbridled discretion to decide what sorts of cases to prosecute and which sorts of offenses to let go unprosecuted,” Ciolino said. “If a local DA were to say 'I'm not going to prosecute abortion in my district,' there's nothing anybody could do about that. Now, there's an element of lawlessness to it, with a DA essentially saying I understand what the law is, enacted by the Legislature and signed by the governor, but the law doesn't matter to me.”
Modern day version of let them eat cake. It sure as hell didn't work out last time, interested to see this time.
I personally don't care one way or the other about Roe, but I truly think with runaway inflation, housing issues, and possible food shortages there are going to be plenty of people thinking violence is the only answer, and politicians have historically made great targets.
I am not endorsing that behavior, but history has shown that lack of food, shelter, and unabashed rejection of the will of the people result in executions.
This post was edited on 6/24/22 at 7:43 pm
Posted on 6/24/22 at 7:43 pm to Mickey Goldmill
DAs are elected officials. They can be voted out by pro-life voters.
Posted on 6/24/22 at 7:44 pm to Mickey Goldmill
quote:
Now, there's an element of lawlessness to it,
An element?
Not that I would expect the legal profession to police their own, but they should be removed from office and disbarred. If you want to teach people contempt for the law, that's a fantastic way to do it.
Posted on 6/24/22 at 7:44 pm to Mickey Goldmill
No one is taking your ability to murder babies away
Posted on 6/24/22 at 7:45 pm to Bourre
quote:
No one is taking your ability to murder babies away
Never said anyone did, or that I support abortion, or anything of the like bud.
Posted on 6/24/22 at 7:45 pm to Mickey Goldmill
That’s a lot of words to say liberal DAs are unethical partisan hacks.
Just following the head political hack AG in Washington.
Just following the head political hack AG in Washington.
Posted on 6/24/22 at 7:46 pm to Mickey Goldmill
do a civil suit
bury them in court filings
there's a "La poodle lawyer" or two you could find
probably even one or two here,
bury the gov in paper
bury them in court filings
there's a "La poodle lawyer" or two you could find
probably even one or two here,
bury the gov in paper
This post was edited on 6/24/22 at 7:51 pm
Posted on 6/24/22 at 7:46 pm to Mickey Goldmill
Good. All these hot-button social issues should be decided at the State level.
Posted on 6/24/22 at 7:48 pm to Mickey Goldmill
quote:
“If a local DA were to say 'I'm not going to prosecute abortion in my district,' there's nothing anybody could do about that. Now, there's an element of lawlessness to it, with a DA essentially saying I understand what the law is, enacted by the Legislature and signed by the governor, but the law doesn't matter to me.”
Wrong. The Attorney General can step in when the DA gets out of hand.
Posted on 6/24/22 at 7:48 pm to Mickey Goldmill
It may be a distinction without a difference.
A D.A. can turn away each case one at a time.
But installing a blanket policy nullifying a statute is not the same as discretion.
Posted on 6/24/22 at 7:49 pm to Mickey Goldmill
Yeah, frick the oath that these people take. I like Dane, but this is a trash take. There are consequences for failing to abide be the oath.
Posted on 6/24/22 at 7:51 pm to TrueTiger
Roll those Motherfrickers up like a drunk or crack head.
Cuff stuff and bond.
Cuff stuff and bond.
Posted on 6/24/22 at 8:00 pm to dr
quote:
do a civil suit
bury them in court filings
you don't have standing get thrown out with little effort.
Need the AG to intervene for authority over all abortion prosecutions,
File complaint against the DA with the State Bar disciplinary committee, and
lastly find out who the MD is and file complaints with the Louisiana state board of Medical Examiners about him breaking the law. go after the Doctors license.
Posted on 6/24/22 at 8:06 pm to Mickey Goldmill
Letting government officials pivk and choose which laws they want to enforce leads to anarchy.
Posted on 6/24/22 at 8:08 pm to cajunandy
MADISON, Wis. — Madison police and the Dane County Sheriff’s Office will not be arresting or investigating those providing abortions and the Dane County district attorney says he will not prosecute those cases following the Supreme Court ruling that overturned Roe v. Wade and reverted Wisconsin back to a centuries-old state law that criminalizes the practice.
The 173-year-old law makes providing an abortion a felony, making no exceptions for cases of rape or incest. The penalty for performing abortions outlined in the law is up to six years in prison and a $10,000 fine, but increases to 15 years in prison and a $50,000 fine if the fetus is past sixteen weeks of development.
Previously, Wisconsin Attorney General Josh Kaul said he would not enforce the law, and called on local officials to do the same. On Friday, Madison mayor Satya Rhodes-Conway said the city will not prosecute abortion providers, either. The city’s common council passed a resolution last week supporting the Madison Police Department in refusing to arrest people in violation of that law.
Ozanne indicated Friday he would not prosecute abortion cases, saying he will only prosecute cases that affect community safety.
“There are plenty of archaic laws on the books that represent the values of days past. I have every intention of utilizing the power Dane County voters entrusted in me and will use my discretion to prosecute only those crimes that keep our community safe and represent our collective values,” Ozanne said. “If the voters want a district attorney who prosecutes women for seeking an abortion or licensed providers who are acting in the best interest of their patients, they will need to elect someone else.”
Dane County Sheriff Kalvin Barrett acknowledged the issue involves highly-charged emotions on both sides, but said his department does not have the resources to investigate or arrest those who provide abortions.
“I do have to prioritize my limited resources to focus on crimes that most directly affect the people I serve,” Sheriff Barrett said. “These crimes include gun violence, homicides, sexual assaults, vehicle thefts, human trafficking, impaired driving, and domestic violence to name a few. The Dane County Sheriff’s Office does not have the resources nor expertise to investigate medical professionals conducting medical procedures in medical facilities.”
While the mayor, sheriff and district attorney all say abortions will not be prosecuted, it is unlikely abortions will still be performed by most providers. Planned Parenthood of Wisconsin stopped providing abortions as soon as the ruling came down Friday, saying they had to tell people in the waiting room they could no longer help them.
The mayor called the Supreme Court decision an “attack on the rights of Americans.”
“This decision is not in alignment with what most Americans believe—that pregnant people should have the right to make decisions about their own health. This decision does nothing to protect even the most vulnerable in society—children and minors, people who can’t afford to travel out of state, people who are sexually assaulted—as well as anyone who simply finds themselves pregnant when they do not want to be. It is sickening to think about the harm and trauma this will cause in our country,” Rhodes-Conway said in a statement after the ruling was announced.
Saying the Supreme Court and the State of Wisconsin have failed, Rhodes-Conway said the city stands opposed to the ruling and Wisconsin’s abortion law.
“More than ever, I am grateful to live in a city that values and cares about other people. And I am grateful to be a part of its leadership, to uphold our values of fairness, justice and equity,” Rhodes-Conway said. “I urge all of you to join me in advocating with your state and federal elected officials, voting to elect people who will protect our rights, and speaking up for justice. Together, we will show our state and our country what Madison stands for.”
Public Health officials in Madison and Dane County say they are also “devastated” by the Supreme Court ruling.
“We believe that access to a full range of equitable and evidence-based reproductive health care, including safe and legal abortion, is necessary for healthy and thriving people, families, and communities. This change in federal law will cause far-reaching harm to Dane County residents. People disproportionately impacted by health disparities will be especially harmed,” Public Health Madison and Dane County said in a blog post on Friday. “We are working with partners throughout Madison and Dane County to ensure that emerging community needs are addressed in light of this decision. We hope for a future where everyone’s reproductive rights will be protected and honored.”
The 173-year-old law makes providing an abortion a felony, making no exceptions for cases of rape or incest. The penalty for performing abortions outlined in the law is up to six years in prison and a $10,000 fine, but increases to 15 years in prison and a $50,000 fine if the fetus is past sixteen weeks of development.
Previously, Wisconsin Attorney General Josh Kaul said he would not enforce the law, and called on local officials to do the same. On Friday, Madison mayor Satya Rhodes-Conway said the city will not prosecute abortion providers, either. The city’s common council passed a resolution last week supporting the Madison Police Department in refusing to arrest people in violation of that law.
Ozanne indicated Friday he would not prosecute abortion cases, saying he will only prosecute cases that affect community safety.
“There are plenty of archaic laws on the books that represent the values of days past. I have every intention of utilizing the power Dane County voters entrusted in me and will use my discretion to prosecute only those crimes that keep our community safe and represent our collective values,” Ozanne said. “If the voters want a district attorney who prosecutes women for seeking an abortion or licensed providers who are acting in the best interest of their patients, they will need to elect someone else.”
Dane County Sheriff Kalvin Barrett acknowledged the issue involves highly-charged emotions on both sides, but said his department does not have the resources to investigate or arrest those who provide abortions.
“I do have to prioritize my limited resources to focus on crimes that most directly affect the people I serve,” Sheriff Barrett said. “These crimes include gun violence, homicides, sexual assaults, vehicle thefts, human trafficking, impaired driving, and domestic violence to name a few. The Dane County Sheriff’s Office does not have the resources nor expertise to investigate medical professionals conducting medical procedures in medical facilities.”
While the mayor, sheriff and district attorney all say abortions will not be prosecuted, it is unlikely abortions will still be performed by most providers. Planned Parenthood of Wisconsin stopped providing abortions as soon as the ruling came down Friday, saying they had to tell people in the waiting room they could no longer help them.
The mayor called the Supreme Court decision an “attack on the rights of Americans.”
“This decision is not in alignment with what most Americans believe—that pregnant people should have the right to make decisions about their own health. This decision does nothing to protect even the most vulnerable in society—children and minors, people who can’t afford to travel out of state, people who are sexually assaulted—as well as anyone who simply finds themselves pregnant when they do not want to be. It is sickening to think about the harm and trauma this will cause in our country,” Rhodes-Conway said in a statement after the ruling was announced.
Saying the Supreme Court and the State of Wisconsin have failed, Rhodes-Conway said the city stands opposed to the ruling and Wisconsin’s abortion law.
“More than ever, I am grateful to live in a city that values and cares about other people. And I am grateful to be a part of its leadership, to uphold our values of fairness, justice and equity,” Rhodes-Conway said. “I urge all of you to join me in advocating with your state and federal elected officials, voting to elect people who will protect our rights, and speaking up for justice. Together, we will show our state and our country what Madison stands for.”
Public Health officials in Madison and Dane County say they are also “devastated” by the Supreme Court ruling.
“We believe that access to a full range of equitable and evidence-based reproductive health care, including safe and legal abortion, is necessary for healthy and thriving people, families, and communities. This change in federal law will cause far-reaching harm to Dane County residents. People disproportionately impacted by health disparities will be especially harmed,” Public Health Madison and Dane County said in a blog post on Friday. “We are working with partners throughout Madison and Dane County to ensure that emerging community needs are addressed in light of this decision. We hope for a future where everyone’s reproductive rights will be protected and honored.”
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