Discover more from ACRP’s Substack
Ohio Attorney General Yost Files Amicus Brief Supporting State’s Authority to Remove Local Prosecutors Who Fail to Enforce Laws
Ohio Attorney General Dave Yost filed an amicus brief on Wednesday with the United States Court of Appeals for the 11th Circuit urging it to affirm states’ authority to remove local prosecutors
Ohio Attorney General Dave Yost filed an amicus brief on Wednesday with the United States Court of Appeals for the 11th Circuit urging it to affirm states’ authority to remove local prosecutors who refuse to put the law ahead of their personal politics.
Yost claimed in a news release that states have a right to defend their constitutions against local prosecutors who, by pledging not to enforce laws they dislike, essentially wield veto power over lawfully enacted legislation.
“Prosecutors have no right to exercise a veto over an entire law. But some are acting as though they do – and they are breaking our system of government. The political preferences of a single prosecutor cannot be allowed to override a lawfully enacted statute,” Yost said.
Yost filed the brief in a case concerning Florida Governor Ron DeSantis‘ removal of a Democratic prosecutor from Tampa. DeSantis removed Andrew Warren, the state attorney for Hillsborough County, from his position in August after making commitments, one of which was to refrain from charging abortion cases as felonies in violation of Florida law. According to DeSantis, Warren’s termination resulted from “neglect of duty” as a prosecutor.
Last summer, Ohio Democrats Michael O’Malley, the prosecutor for Cuyahoga County, and Zach Klein, the city attorney of Columbus, signed a commitment that Warren signed pledging not to use their offices’ resources to enforce abortion bans.
Ohio’s Heart Beat Law prohibits abortion if an unborn baby has a detectable heartbeat or is around six weeks into a pregnancy. It is a fifth-degree felony punishable by up to one year in prison for law violations. The law is currently on hold while Democrats challenge it in court.
Thanks for reading ACRP’s Substack! Subscribe for free to receive new posts and support my work.