The Supreme Court's decision on abortion has divided courts from the federal down to the local level. With the overturn of Roe v Wade, some Indiana county prosecutors are taking a public stance on whether to prosecute abortion cases.
In a statement to Indiana Public Media, Monroe County Prosecutor Erika Oliphant said that she is unequivocally pro-choice and is “deeply saddened and disappointed by the Supreme Court’s decision.” Oliphant said she has asked state and federal legislators to ensure safe and legal abortions.
However, Oliphant stopped short refusing to prosecute. Oliphant said that she cannot legally or ethically proclaim a blanket refusal to prosecute a particular crime, as she has sworn to support the state constitution.
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“The prosecuting attorney has broad discretion in prosecuting individual cases,” Oliphant said. “Indiana law does provide some specific means to withhold prosecution in certain criminal cases.”
Oliphant's decision stands in contrast with Marion County Prosecutor Ryan Mears, who announced on June 24 that he will not file abortion charges. So far, Mears is the only Indiana prosecutor to sign a pledge by Fair and Just Prosecution vowing to refrain from prosecuting abortion cases.
