Since the bombshell announcement last Friday of the Supreme Court decision invalidating the 1973 Roe v. Wade ruling on abortion, numerous political figures — governors, senators, an abundance of political candidates, and smaller fry galore — have gotten themselves on the record either for or against the court’s dramatic reversal.
Few and far between are those politicians who have spoken in more qualified, measured terms, but among the most cautious have been the two candidates for Shelby County District Attorney — incumbent Republican DA Amy Weirich and her Democratic challenger Steve Mulroy.
Both had addressed the pending decision weeks ago, after a draft of the ruling-to-be, authored by Justice Samuel Alito, had been leaked to the media.
Weirich’s first utterance on the subject came early in June on the occasion of a ceremony in which she received the endorsements of the Memphis Police Association and the Shelby County Deputy Sheriff’s Association.
The full SCOTUS decision had not yet been formally announced, a fact which underscored Weirich’s reluctance when she was asked point-blank what would be her attitude toward enforcing Tennessee’s new anti-abortion act, a “trigger” law that would come into effect once Roe was dissolved.
“To answer that question, we have to assume a lot of hypotheticals,” Weirich said. “And I think any conversation about a law that hasn’t gone into place about a Supreme Court decision that may or may not be overturned … is hypothetical and, quite frankly, political grandstanding. To even discuss what our office would do, you would first have to assume that doctors in this community would break the law. And then you would have to assume that that criminal conduct was reported to law enforcement. There’s a lot of criminal conduct that doesn’t get reported about.
“And then you have to assume that an investigation is conducted and that there is enough information to make a charge against someone. Too many hypotheticals, too many hoops to jump through. And that’s not, that’s not the universe I live in. I don’t make conjecture statements about what I will remand or could or should do. We deal in facts, we deal in truth, and we deal in the evidence that’s before us.”
On Friday, Weirich updated those sentiments: “It is a dangerous path for a DA to make broad and hypothetical statements without an actual charge or case before them. To do so violates Tennessee Code Annotated 8-7-106, which requires a DA to consider the unique facts and circumstances of a particular case.”
The law referred to by Weirich is sometimes called “the Glenn Funk law,” after a Davidson County (Nashville) DA of progressive bent who has long made public his refusal to prosecute any and all cases dealing with anti-abortion statutes. Funk repeated his adamance in the wake of the Roe reversal.
Candidate Mulroy, asked weeks ago about his attitude toward enforcing the state trigger law, declined to make a Funk-like disavowal, noting that 8-7-106 allows the state Attorney General to appoint a special prosecutor for cases disdained by local district attorneys. Mulroy did say abortion-law violations would be a very low priority in his tenure.
On Friday, Mulroy said, “This is a sad day. The politicized right-wing Court goes out of its way to overturn half a century of precedent, with women as the victims. As District Attorney, I’ll be very different from Amy Weirich.
“Weirich’s party and Donald Trump want her to turn her attention away from prosecuting violent crime and prosecute women and their doctors. We need to be focusing on carjackings, murders, domestic violence — not jailing doctors helping women make reproductive choices.”
Mulroy also said Weirich, who “won’t say what she thinks about prosecuting reproductive choice,” was “one of the few Tennessee DAs who, under a now sunsetted law, prosecuted pregnant women for ‘fetal assault’ for showing up to hospitals to get substance abuse treatment.”