A group of conservative Texas legislators has hatched a plan to circumvent local district attorneys who have vowed not to enforce abortion laws: allow prosecutors from other parts of the state to enforce the laws for them. | via NPR
The idea has been circulating since at least March, after the Texas Supreme Court shut down the final challenge to S.B. 8 — the state bill that effectively banned most abortions even beforewas overturned by deputizing private citizens to sue anybody who provided an abortion, or helped a woman seek one.
If Cain's proposal passes, it would be another highly unusual modification to the traditional criminal justice system in Texas, following in the footsteps of S.B. 8, which used its private lawsuit mechanism to sidestep the"It's an example of the same kind of tactical ethos on the part of the Republican Party, which is, 'We're just going to rewrite the playbook,'"said Jennifer Laurin, a professor at the University of Texas Law School.
Prosecutors elected by Democratic majorities in Dallas, San Antonio and Austin have already said they will not pursue abortion-related charges. Cain's proposal would allow such prosecutions to go ahead anyway, no matter what local voters may prefer.
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