What does a Texas abortion law look like? 'Complicated,' expert says
Especially, he said, for a Supreme Court decision meant to give power to the “people’s elected officials."
Though Attorney General Ken Paxton has said he'll"work tirelessly to ensure our laws are fully enforced," the decision to prosecute abortion cases rests with each county's district attorney. Some, like Dallas County’s John Creuzot, have already pledged not to pursue cases. Just like in the time of mask mandates and COVID restrictions, Coale said that means the level of enforcement will vary county to county, and in the case of home rule cities, city to city.
“A city like Denton doesn't have the ability to say that the state laws don’t apply here. They obviously do. They’re in Texas,” said Coale. “But they can say, we're going to do certain things to fill in gaps in the law, facilitate people's actions, so they aren't going to violate the law, encourage people to go to other states to engage in activity that would be criminal here but isn't criminal there, and that's something that they've got some latitude to do.
Coale said that doesn’t mean there won’t be lawsuits challenging such decisions. Still, in the wake of a pandemic that he says proved Austin doesn’t hold all the power, he said the legal community is prepared to ask more questions about how the new law should play out.
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