Following this week’s leak of a draft Supreme Court opinion that would overturn Roe v. Wade, Orange and Chatham County’s two District Attorney candidates are both telling voters they have no intention of prosecuting women who have an abortion – regardless of what the Supreme Court, or the General Assembly, might do.

With their separate statements, Jeff Nieman and Kayley Taber join a growing chorus of current and prospective state and local prosecutors – mostly from left-leaning jurisdictions – who are pledging not to bring criminal cases against women who have abortions or doctors who perform abortions, even if the practice is outlawed.

Describing the draft opinion as “very unsettling news” that “uproot(s) almost 50 years of legal precedent,” Nieman pledges in his statement “to use the discretion of the District Attorney to protect women and clinicians.”

If elected, Nieman says, he’ll also sign on to a joint statement from more than 60 prosecutors nationwide, all affirming “that women have a right to make decisions about their own medical care including, but not limited to, seeking an abortion.” That statement, from Fair and Just Prosecution, denounces laws that “criminalize healthcare decisions” because they “divide our community, create untenable choices for women and healthcare providers, and erode trust in the justice system.” Durham County District Attorney Satana Deberry has already signed on to that statement.

Kayley Taber, also running for District Attorney, issued her own statement that cites her work with child victims of sexual assault.

“I have worked closely with women and girls who have been victims of rape and incest,” she says. “I have seen women trapped in relationships with abusers by unwanted pregnancies, and children made into mothers as young as 12. …I will not be part of revictimizing women and children by prosecuting them for accessing medical care.”

Taber had already issued a nearly identical statement last month in an interview with IndyWeek. The only difference: in IndyWeek, she described access to abortion as a right “protected by the Constitution” — but in the wake of this week’s revelation, her new statement describes abortion access as “protected by basic human rights.”

Read Nieman and Taber’s full statements below. Early voting is ongoing for the 2022 primary, with Election Day set for Tuesday, May 17. Nieman and Taber, both Democrats, are running to succeed retiring DA Jim Woodall. With no Republicans in the race, the winner of the Democratic primary will be unopposed in the general election.

Jeff Nieman:

Very unsettling news: Uprooting almost 50 years of legal precedent, the Supreme Court will likely overturn Roe v. Wade. We cannot stand for this assault on women and private reproductive healthcare decisions. Which is why, if elected, I have committed to join more than 60 prosecutors nationwide in this pledge not to prosecute women who obtain abortions nor the health care professionals who perform or assist in these procedures. We now look to our state legislature and Governor Cooper to prevent our state from losing access to critical healthcare treatment, but I’m ready to use the discretion of the District Attorney to protect women and clinicians.

Kayley Taber:

There is a nationwide movement to enact laws criminalizing access to reproductive care. I have worked closely with women and girls who have been victims of rape and incest for over 23 years. I have seen first-hand the trauma they suffer. I have seen women trapped in relationships with abusers by unwanted pregnancies, and children made into mothers as young as 12. Access to abortion in North Carolina is already restrictive and difficult to access, especially for marginalized communities. I will not be part of revictimizing women and children by prosecuting them for accessing medical care that is appropriate for them, complies with our medical standards of care, and is protected by basic human rights.

Photos via KayleyTaber.com and JeffNieman.com.


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