Pennsylvania’s Attorney General Race: A Battle Over Abortion Rights
HARRISBURG — As the November election approaches, the race for Pennsylvania’s Attorney General is heating up, with abortion rights taking center stage. Following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, former Attorney General Josh Shapiro pledged to protect women’s rights in the Commonwealth, a commitment that has set the tone for the current candidates vying for the role: Democrat Eugene DePasquale and Republican Dave Sunday.
The Attorney General’s office plays a crucial role in defending state laws and making prosecutorial decisions, but it also holds significant influence over how those laws are enforced. This power was evident in 2013 when then-Attorney General Kathleen Kane refused to defend Pennsylvania’s same-sex marriage ban, citing ethical concerns about its constitutionality. With the stakes high, both DePasquale and Sunday are presenting starkly different visions for the future of abortion access in Pennsylvania.
Candidates’ Stances on Abortion Access
Eugene DePasquale, who previously served as Pennsylvania’s Auditor General, has made abortion access a cornerstone of his campaign. He personally supports the right to choose and has shared his own experiences to underscore the importance of this issue. DePasquale recounted a personal story about his ex-wife’s life-saving ectopic pregnancy, emphasizing that access to abortion can be a matter of life and death. His campaign has garnered endorsements from organizations like Planned Parenthood PA Pac and Reproductive Freedom for All, signaling strong support from pro-choice advocates.
In contrast, Dave Sunday, the district attorney of York County, has taken a more cautious approach. While he has not explicitly stated his personal views on abortion, he has committed to upholding Pennsylvania’s existing laws on the matter. Sunday argues that the role of the Attorney General should be to enforce the law rather than to express personal opinions, stating, “I’m going to follow the law regardless of what my personal feelings are.” He believes that decisions regarding abortion access should rest with the state legislature and governor.
Prosecution Policies and Legal Implications
The candidates’ positions extend to how they would handle potential prosecutions related to abortion. Under Pennsylvania’s Abortion Control Act, abortions are permitted up to 24 weeks, with certain conditions for later procedures. DePasquale has vowed to never prosecute individuals seeking abortions or doctors performing them, even if stricter laws were enacted. “If you want someone that’s going to put a woman in jail that has an abortion, you’re going to need another attorney general,” he asserted during a recent debate.
Sunday, however, has indicated a more flexible stance. While he has stated that he would not prosecute women for having abortions, he has also emphasized that he would evaluate cases based on the facts and the law. He expressed confidence that Pennsylvania would not pass an abortion ban, suggesting that such a scenario is unlikely.
The Constitutional Debate
As the legal landscape surrounding abortion continues to evolve, a significant case is currently making its way through the Pennsylvania court system, which could determine whether the state constitution guarantees the right to abortion. DePasquale believes that the state’s Equal Rights Amendment implicitly supports abortion rights and has indicated a willingness to challenge any restrictive legislation in court. “I would explore all options,” he stated, highlighting his commitment to protecting access to abortion.
Conversely, Sunday has expressed skepticism about the existence of a constitutional right to abortion in Pennsylvania, suggesting that the matter should be left to the legislature.
Looking Ahead
As voters prepare to head to the polls this November, the candidates’ differing views on abortion access will undoubtedly shape the conversation. With abortion rights under threat nationwide, the outcome of this election could have lasting implications for women in Pennsylvania. Whether voters align with DePasquale’s proactive approach to safeguarding reproductive rights or Sunday’s commitment to enforcing existing laws, one thing is clear: the role of Attorney General is more critical than ever in the fight for women’s rights in the Commonwealth.
As the election draws near, Pennsylvanians are encouraged to educate themselves on the candidates’ positions and make their voices heard. After all, the future of abortion access in the state may very well depend on it.
