Last week’s Supreme Court decision overturning Roe v. Wade has left officials like St. Louis County Prosecuting Attorney Wesley Bell with a dilemma: His job is to prosecute violations of the law. But as of last Friday, Missouri law criminalizes abortion services from the moment of conception, even for victims of rape or incest. We agree with Bell’s characterization of that law as “misguided and dangerous.” Add to that draconian and unjust. By enforcing it, Bell would effectively have to play a role in further victimizing those victims.
Which makes it all the more difficult to conclude that Bell is taking the wrong approach with his blanket pronouncement that he won’t enforce the new law — like similar pronouncements from 80-plus other elected prosecutors around the country.
But legal officials have an obligation to enforce the laws as written, not as they wish them to be. That was our position when, for example, Missouri Attorney General Eric Schmitt chose not to defend state pandemic-protection policies in court. And it’s our position now. Laws are supposed to be determined by legislators and the courts, not prosecutors.