A scathing letter Cuyahoga County Prosecutor Michael O'Malley signed onto condemns the anti-abortion laws, refusing to prosecute them.
COLUMBUS, Ohio — The six week abortion ban will not be enforced nor prosecuted in the Greater Cleveland area, the Cuyahoga County Prosecuting Attorney's Office told News 5 Monday morning.Although the six week abortion ban, dubbed by conservatives as the 'heartbeat bill,' was created and signed in 2019, law enforcement said there is no way this bill could be enforceable in the near future.
"Who wants to prosecute a case and spend all kinds of resources before the law is settled on the case?" the prosecutor asked, rhetorically."Am I going to spend a whole lot of resources until that issue is settled just to have all those cases reversed?""You could feasibly have a prosecutor prosecuting it in Ashland County, and then in Cuyahoga County, nobody prosecutes it," she said."But that is kind of up to the prosecutor there.
"We decline to use our offices’ resources to criminalize reproductive health decisions and commit to exercise our well-settled discretion and refrain from prosecuting those who seek, provide, or support abortions," the letter stated."As elected prosecutors, ministers of justice, and leaders in our communities, we cannot stand by and allow members of our community to live in fear of the ramifications of this deeply troubling decision.
"Criminalizing and prosecuting individuals who seek or provide abortion care makes a mockery of justice; prosecutors should not be part of that." What could happen if O’Malley doesn’t enforce the law? Well, constitutional law expert Jonathan Entin said there really isn’t anything the state can do. "If he says, 'look, in the grand scheme of things, this is just not that high priority compared to all these other problems that we have in the county—' okay," the expert added."Generally prosecutors have pretty broad discretion unless they do something really egregious."
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