Some Texas DAs say they won’t prosecute abortion cases post-Roe. But it likely won’t matter.

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Some Texas DAs say they won’t prosecute abortion cases post-Roe. But it likely won’t matter.
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Abortion providers still face the threat of legal retribution, and most are already...

, seemingly offering hope for those seeking a way around the state’s impending abortion ban.

Some district attorneys said they are compelled to prosecute abortion cases because they pledged to “preserve, protect and defend” state laws in their oath of office. In any case, it’s unlikely that abortion providers will take the risk. They are already bound by the state’s six-week abortion ban, which allows people anywhere in the country to sue providers or those who help someone access the procedure in Texas after fetal cardiac activity is detected. Successful litigants win damages of at least $10,000 under the law.

Officials in Dallas, Fort Bend, Nueces and Travis counties have made similar pledges. They joined Gonzales in signing onto a Friday statement from 86 elected prosecutors nationwide who agreed not to pursue charges against “those who seek, provide or support abortions.” “That would be an intentional choice that would subject that official to removal from office,” Henneke said, citing state law that allows for the removal of local elected officials who intentionally fail or refuse to “perform a duty imposed” on their office by law.

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