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Reason
Reason
J.D. Tuccille

Renegade District Attorneys Who Defy State Mandates Are Often Freedom's Last Line of Defense

Immediately after the Supreme Court's Dobbs decision eliminating constitutional protections for the right to abortion, states with socially conservative leanings began restricting access to the procedure. Just as quickly, dissenting local officials announced they wouldn't enforce restrictions. Anybody paying attention could have predicted the battles and noted that the sides flipped from their stances in earlier conflicts. But in the mix of this partisan combat is a hint that, while letting localities opt out of restrictive laws from further up the political food chain hands nobody the victories they want, it could make it easier for the people of a deeply divided country to live in peace.

"As elected prosecutors, when we stand in court, we have the privilege and obligation to represent 'the people,'" reads a letter organized by Fair and Just Prosecution, an organization promoting ideologically progressive approaches to criminal justice, and signed by dozens of prosecutors. "All members of our communities are our clients – they elected us to represent them and we are bound to fight for them as we carry out our obligation to pursue justice. Our legislatures may decide to criminalize personal healthcare decisions, but we remain obligated to prosecute only those cases that serve the interests of justice and the people. Criminalizing and prosecuting individuals who seek or provide abortion care makes a mockery of justice; prosecutors should not be part of that."

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