The New York Times published an op-ed on Tuesday written by Fairfax County Commonwealth Attorney Steve Descano that stated he would not enforce pro-life laws enacted in Virginia.
In his piece, “My Governor Can Pass Bad Abortion Laws. But I Won’t Enforce Them,” Descano wrote that he came to his decision in the wake of the leaked Supreme Court draft opinion overturning Roe v. Wade.
“When the court’s draft decision overturning Roe v. Wade was leaked earlier this month, I committed to never prosecute a woman for making her own health care decisions. That means that no matter what the law in Virginia says, I will not prosecute a woman for having an abortion, or for being suspected of inducing one,” he wrote.
Descano added that he “didn’t make this decision lightly” and that “my constituents were tired of the empty rhetoric from Democrats in Washington.”
For hundreds of thousands of American women, access to an abortion soon will depend not only on which state they live in, but also on how hard-line their local prosecutor is. That’s why I hope prosecutors across the country will join me in choosing to lead on behalf of the women we represent.
I’m taking this step, in part, because of public safety concerns: Before Roe, hundreds of women lost their lives annually because of unsafe attempts to terminate pregnancies. Marginalized populations were most at risk. One 1960s study of low-income women in New York City found that 98 percent of respondents who had terminated a pregnancy indicated that no physician was involved in the procedure.
Thanks to the proliferation of medication abortion, women today have more, safer options than they did in the 1960s. Still, there’s no doubt that many women, especially those who are the most vulnerable, are likely to end up in situations that are medically or legally unsafe. That is the reality Justice Samuel Alito and those who joined his dangerous draft opinion are tacitly endorsing.
On Twitter, Descano shared a video follow-up to his piece.
“Local elected prosecutors like myself can serve as the front line of defense to make sure that women in our communities don’t get criminalized for making their own health care decisions,” he said in the video. He urged other elected prosecutors to come out and do the same.
As I wrote in yesterday’s ?@nytopinion?, I will never prosecute a woman for having an abortion. And I hope other prosecutors across the country will make the same commitment. pic.twitter.com/nq41bydV82
— Steve Descano (@SteveDescano) June 1, 2022
Descano’s statement comes after an unprecedented leaked draft opinion from the United States Supreme Court last month showed the Justice’s poised to overturn Roe v. Wade. The opinion came from the case Dobbs v. Jackson Women’s Health Organization. It surrounds a 15-week abortion ban in Mississippi.
Shortly after, Michigan’s pro-abortion Attorney General Dana Nessel said that she will not enforce the state’s pre-Roe law that outlaws abortion in the event the Supreme Court overturns Roe.
Late last year, after the Wisconsin’s pro-abortion Attorney General Josh Kaul said that he would not enforce his state’s 1849 anti-abortion law that would go into effect if Roe is overturned.
Other states, like Maryland and California, are directing state funds to expand abortion access for out-of-state patients if Roe is overturned.