Amid abortion debate, Mulroy points to Weirich's advocacy for 'fetal assault' bill

In a fiery debate Monday night, Shelby County District Attorney Amy Weirich's past advocacy for a Tennessee law that allowed for the prosecution of mothers for drug use during pregnancy became a flashpoint between the candidates.

Weirich's challenger, University of Memphis law professor and Democratic nominee Steve Mulroy suggested that this previous stance gave “a clue” into how she would act once abortions become illegal in Tennessee.

Even before the U.S. Supreme Court effectively overturned Roe v. Wade last Friday, Weirich, a Republican and the top prosecutor in Shelby County since 2011, has declined to answer whether she would prosecute abortion providers, saying the question was speculative.

The 901: What to know about Tennessee’s abortion laws after SCOTUS overturns Roe v. Wade

Monday, during a debate hosted by the Black Clergy Collaborative of Memphis, she said a district attorney “is not allowed to make reckless and careless statements about cases they will or will not prosecute unless and until a district attorney has reviewed the facts and circumstances of that case.”

“So, I can’t and I won’t stand here tonight and rattle off a list of offenses that this district attorney will not prosecute,” Weirich said. “We follow the law in the district attorney’s office. The police office investigates. And this issue, quite frankly, is still very much turbulent and a moving target. And when the dust settles and we see where we are, we will handle this issue as we do everything else, with the facts, with the law and always, always, always coupled with justice and coupled with mercy.”

In 2021, Gov. Bill Lee signed a law allowing the state attorney general to intervene in the prosecutorial decisions of local district attorneys in cases they "peremptorily and categorically" refuse to prosecute.

Mulroy, who has been on the law faculty at the University of Memphis since 2000 and is a former civil rights lawyer for the U.S. Justice Department and a one-time federal prosecutor, said he “would treat things very, very differently than Ms. Weirich.”

“I don’t think criminal justice should be used on matters of reproductive choice,” he said Monday, echoing remarks he made at an abortion rights protest last week. “And as a result, I think prosecutions on those kinds of things should be extremely low priorities.”

As of Tuesday morning, nearly 90 prosecutors from across the United States had signed a letter saying they would not prosecute those who seek or provide abortions.

Nashville District Attorney Glenn Funk is the only Tennessee district attorney to sign the letter so far.

Beyond the hot button issue, the candidates for Shelby County District Attorney General gave largely the same answers they have given before on whether they’d prosecute abortion providers in light of Tennessee’s trigger law that will take effect 30 days after the U.S. Supreme Court overturned Roe v. Wade.

Weirich, a Republican, has held the position of the top prosecutor in Shelby County since she was appointed to the role by then-Gov. Bill Haslam in 2011.

Weirich advocated for 'fetal assault' bill

In Monday’s debate, Mulroy attacked Weirich for her past advocacy for a law that put mothers addicted to drugs during their pregnancies in jail, saying because Weirich prosecuted women under that “fetal assault” law, he knows how she would act with regard to an abortion ban.

Tennessee’s controversial Fetal Assault Law lasted from 2014-2016. Established with a sunset clause, the law deemed illegal use of drugs prior to birth a misdemeanor assault on the fetus, which could call for jail time unless the mother sought drug treatment.

About 100 people across the state were prosecuted under the law. About 24 of those came from Shelby County, according to data tracked by reform organization Just City and reported by Amnesty International.

But, doctors and others working in addiction treatment said many women couldn’t find or afford treatment, and that some mothers began to avoid prenatal care and expose their babies to greater risk out of fear of arrest.

One Tennessee woman gave birth without medical help, on the side of a road, out of fear of arrest. She had earlier tried multiple rehab centers that had turned her away, all full.

Her baby later tested positive for opiates and she was arrested, spending two weeks in jail, according to the Associated Press.

Several news articles from around 2016, when legislators considered renewing the law, cite Weirich advocating for its renewal. In the end, it was not renewed.

One article from the Knoxville News Sentinel quotes Weirich as saying the law is used only to prosecute "the worst of the worst" cases in Shelby County, where women have refused treatment and given birth to a child suffering addiction.

“We were trying to get help for pregnant women who gave birth to babies addicted to deadly drugs,” Weirich said Monday.

Katherine Burgess covers county government and religion. She can be reached at katherine.burgess@commercialappeal.com, 901-529-2799 or followed on Twitter @kathsburgess.

This article originally appeared on Memphis Commercial Appeal: Mulroy points to Weirich's advocacy for 'fetal assault' bill