District attorneys and local leaders in five counties have promised not to pursue criminal charges related to the state’s new abortion laws. But civil and administrative fines could be financially devastating or cost health care providers their licenses.
Texas lawmakers passed a law last year that would ban abortions, with narrow exceptions, if the Supreme Court overturned Roe. The law criminalizes the person who performs the abortion, not the person who undergoes the procedure.
“The difficulty is that clinics won’t provide abortion services, even if abortion-related crimes are not investigated or prosecuted locally,” Rhodes said in an email. “The doctors and the facilities are likely to face state licensure and other administrative consequences even without a criminal prosecution.”
Elected district attorneys in Bexar, Dallas, Fort Bend, Nueces and Travis counties have made similar commitments to deprioritize abortion cases. Local prosecutors have wide discretion to decide which cases they pursue, and choosing to focus on abortion cases “makes a mockery of justice,” according to“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,” the letter said.
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