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Amid the mudslide of legal questions set off by the end of Roe v. Wade is the role of local resistance. With the right to abortion once again left to states, officials in more than a dozen cities are testing their limited leverage to safeguard abortion access.听While local governments generally cannot refuse to enforce state laws like abortion bans, legal experts say, some are declining to assist in the prosecution of people who violate the bans.听

Some blue city leaders in red states frame their pushback 鈥� however symbolic 鈥撎齛s a political responsibility to constituents.听

鈥淟ocal officials must now do whatever we can to protect the women in our communities,鈥� Democratic Cincinnati Mayor Aftab Pureval said in June. 鈥淚t is not my job to make it easier for the state legislature and the governor to drag women in Ohio back to the 鈥�50s and strip their rights. It鈥檚 my job to make that harder.鈥�

Republican leaders, meanwhile, see political opponents going rogue.听听

In Louisiana, 鈥渘othing in the statutes, the City Charter, or the State Constitution permits these officials to blatantly ignore State law, conspire not to enforce it, and violate their oaths of office in this manner,鈥� stated Attorney General Jeff Landry last month. The Republican called for pausing funds to New Orleans for 鈥渄efiance鈥� of state abortion laws.

Many conservatives argue that, given deep divisions around abortion that vary regionally, the Supreme Court shouldn鈥檛 鈥渋mpose a one-size-fits-all regime on the entire nation,鈥� says Roderick Hills, professor of law at New York University School of Law.

Extend that logic further, he adds, and 鈥渁 blue city in a red state can make exactly the same complaint鈥� against state abortion bans.听

What are cities enacting?

A few patterns of pushback are emerging, with nuances specific to the jurisdiction.听

Boise, Idaho; New Orleans; Memphis, Tennessee; and Austin, Texas, among others, have approved resolutions that urge de-prioritizing law enforcement investigations into potential abortion crimes.听

The Austin City Council in July approved the听Guarding the Right to Abortion Care for Everyone Act, known as the听GRACE Act, which limits the use of city funds to catalog and investigate abortion, and calls for 鈥渢he lowest priority for enforcement鈥� (except in cases of coercion, criminal negligence, or evidence of other crimes). Several other cities in Texas, where abortion is banned, have approved or considered similar measures.听

鈥淚n a state like Texas, where the state government is openly hostile towards necessary medical care, we must fight with everything we have to avoid being complicit in the violation of our constituents鈥� rights,鈥� Jenna Hanes, a spokesperson for Council member Jos茅 鈥淐hito鈥� Vela, the lead sponsor of the Austin resolution, said in a statement.听

Inspired by a 2020 measure limiting the use of city and police resources to prosecute personal possession of marijuana, the GRACE Act 鈥渋s an entirely legal exercise of our city鈥檚 right to discretion when it comes to prioritizing the public safety matters that our residents consider to be important,鈥� Ms. Hanes wrote.

But in the eyes of Rebecca Parma, senior legislative associate at anti-abortion Texas Right to Life, Austin鈥檚 City Council is 鈥渢rying to flout state law.鈥�

That鈥檚 why Texas Right to Life will push to expand private enforcement strategies, says Ms. Parma. In addition to Texas鈥� current abortion ban, Senate Bill 8, or the Texas Heartbeat Act, allows private citizens to sue people suspected of performing, aiding, or abetting abortion. Ms. Parma hopes similar enforcement mechanisms will be added to other Texas abortion laws, like one that limits access to medication abortion.

鈥淲e can have all the criminal penalties we want on the books,鈥� she says. However, 鈥渢hose penalties are limited if we have lawless district attorneys.鈥�听

Separate from assigning a low priority to enforcement of abortion-related pursuits, another strategy has emerged in Cincinnati听and other cities, where officials are exploring ways to cover expenses for public employees seeking abortion.

And in St. Louis, Democratic Mayor Tishaura Jones signed a bill that directs $1.5 million in American Rescue Plan Act dollars toward a new 鈥渞eproductive equity fund鈥� that could be used by St. Louisans beyond city employees. The funding would, in part, cover 鈥渓ogistical support鈥� costs like travel but not fund abortion procedures. Republican Attorney General Eric Schmitt of Missouri, where abortion is illegal, has sued the city, alleging violation of state law.听

Meanwhile, dozens of elected prosecutors have said they are declining 鈥渢o criminalize reproductive health decisions ... and [will] refrain from prosecuting those who seek, provide, or support abortions,鈥� signing a June letter from the progressive Fair and Just Prosecution network.听

Republican Gov. Ron DeSantis of Florida, where abortion is banned after 15 weeks, has suspended State Attorney Andrew Warren, who signed the letter and had joined a similar pledge supporting gender-affirming health care last year.

The governor鈥檚 executive order cites the Democrat鈥檚 鈥渘eglect of duty鈥� and 鈥渋ncompetence.鈥�

Mr. Warren, who was elected by Hillsborough County voters, is suing the governor in federal court. The Florida Constitution offers narrow grounds for an elected official to be removed from office, he contends.

In a video, Mr. Warren condemned what he sees as an undemocratic move, adding, 鈥淒eSantis is trying to take away my job 鈥� for doing my job.鈥澨�

How viable are these strategies?听

The catch: Cities are limited in their ability to defy state law, say legal experts. And some states significantly limit the level of nonenforcement that lower jurisdictions can exercise, Politico reports.

When considering how executive officials practice discretion, says Professor Hills, it鈥檚 important to distinguish between 鈥渘ever鈥� and 鈥渘ot now.鈥�

鈥淲hen you say never, you鈥檙e effectively nullifying a statute, and no executive official has the power to nullify a statute,鈥� he says. With 鈥渘ot now,鈥� on the other hand, 鈥測ou鈥檙e simply saying you鈥檒l enforce that statute when you get around to it.鈥� (Think jaywalking, for example.)

Proposals for using public funds to pay for abortion-related expenses have also drawn scrutiny. However, unless a state puts limitations on how taxpayer dollars can be used, cities 鈥渨ould be able to provide a travel benefit pursuant to a bona fide employee benefit plan,鈥� says Ron Kramer, a labor and employment lawyer at Seyfarth Shaw LLP in Chicago.

鈥�The Hyde Amendment prevented the use of federal funding for abortion purposes,鈥� he says. 鈥淚 don鈥檛 see why a state couldn鈥檛 do something similar.鈥�

What precedent is there for these kinds of local tactics?

These political strategies aren鈥檛 new, but rather an ongoing 鈥渁rms race ... between the right and the left,鈥� says Professor Hills.听

Some county sheriffs have vowed not to enforce state gun regulations, for instance. And throughout the pandemic, cities and states have clashed over who has the power to enforce COVID-19 mandates. For several years, resistance to U.S. immigration policies has earned liberal cities like New York and San Francisco 鈥渟anctuary鈥� status, typically meaning they鈥檝e curbed cooperation with federal authorities on immigration matters.听

The abortion debate is repurposing this 鈥渟anctuary鈥� moniker 鈥撎齛nd not just on the left.听

In New Mexico, where abortion is legal, the Republican commissioners of Otero County approved a measure declaring it a 鈥渟anctuary for life.鈥� Alamogordo, a city within that county, followed suit with its own resolution this month that declared it a 鈥渟anctuary for the unborn.鈥�

However, just as cities cannot ignore statewide bans and authorize abortions, Alamogordo鈥檚 sanctuary status does not prevent residents from accessing an abortion so long as the practice is legal in the state, the ACLU of New Mexico听pointed out in advance of the city鈥檚 vote.