HARRISBURG — In 2022, after the U.S. Supreme Court struck down Roe v. Wade, then-Pennsylvania Attorney General Josh Shapiro vowed to “fight any attempt to erode women’s rights in our Commonwealth.”
“To the doctors and patients in Pennsylvania who are worried about how this decision will impact them, know that the full force of my office is dedicated to protecting legal access to abortion,” he continued.
The statement demonstrated both the symbolic and very real power that Pennsylvania’s top law enforcement official has when it comes to abortion access.
This November, Pennsylvanians will choose the next person they want in that role, and the two major party candidates gunning for the job — Democrat Eugene DePasquale and Republican Dave Sunday — have different views on the issue.
Attorneys general can’t make or change the state’s laws. They are tasked with defending those laws in court and making decisions about prosecuting people, businesses, and institutions who break them.
Still, the position has wide latitude. In 2013, then-Attorney General Kathleen Kane refused to defend state officials in a federal lawsuit challenging the constitutionality of Pennsylvania’s same-sex marriage ban.
“I cannot ethically defend the constitutionality of Pennsylvania’s [law] where I believe it to be wholly unconstitutional,” she said at the time.
DePasquale, who investigated crisis pregnancy centers as the state auditor general, fervently supports abortion access and has made the issue a main tenet of his campaign. Organizations like Planned Parenthood PA Pac and Reproductive Freedom for All have endorsed him.
Sunday, York County’s district attorney, has declined to discuss his personal opinions on abortion, instead repeatedly saying he would uphold Pennsylvania’s laws on the subject.
Here’s what we know about where the major party candidates for attorney general stand on the issues:
Personal support for abortion
DePasquale personally supports abortion access and named protecting it as one of his two top campaign priorities (the other being preserving democracy and voting rights).
He has cited his personal history with abortion to explain his views, noting the time his ex-wife experienced a nonviable ectopic pregnancy decades ago. “What was technically an abortion that night saved Tracey's life and preserved our ability to have two kids who are now doing great,” he said at a recent debate.
Throughout his campaign, Sunday has declined to answer questions about his personal opinion on abortion. Instead, he’s pledged to uphold and defend the state’s laws.
This is partly due, he says, to his view that the attorney general should function as a law enforcement official rather than a lawmaker. Sunday says he would leave decisions of abortion access up to the state legislature and governor.
“I fundamentally believe that when you have a district attorney or an attorney general that would ever refuse to enforce a law based on their own personal feelings, then you're usurping the will of 13 million Pennsylvanians,” Sunday told Spotlight PA.
He says he personally believes there should always be exceptions for rape, incest, and life of the mother. However, Sunday said that those decisions are ultimately in the hands of the state legislature.
“I’m going to follow the law regardless of what my personal feelings are,” he told ABC27. “And so that’s it.”
Pennsylvania’s Abortion Control Act permits the procedure up to 24 weeks of gestation. Abortions can be performed after that cutoff if a pregnant person’s life or health is in danger.
State law also includes a mandatory 24-hour waiting period, pre-abortion counseling, and parental or guardian approval for minors.
DePasquale has pledged to never prosecute a person who seeks an abortion or a doctor who performs one, even if the state were to pass a ban.
“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, because it's not going to be me,” DePasquale said during a recent debate against Sunday.
He told Spotlight PA that protecting abortion access extends to those who are not Pennsylvania residents. Following the U.S. Supreme Court decision that struck down Roe, Pennsylvania saw an uptick in out-of-state residents coming to receive abortions, especially from neighboring ones — such as Ohio and West Virginia — that increased restrictions.
DePasquale said he would protect the menstrual health data and medical information of anyone who receives an abortion in Pennsylvania. He added that he would stymie attempts by other attorneys general or the U.S. Department of Justice to subpoena the private medical information of such people.
During a primary debate, Sunday was asked if there are any circumstances under which he would prosecute someone who has had or performed an abortion. He replied he would “follow the facts and the law.”
He was asked at a later debate whether he would enforce an abortion ban if one became law in the future.
Sunday said he believes that Pennsylvania would never enact such legislation.
“There's no scenario that exists where I would ever prosecute a woman for having an abortion. Period,” Sunday in response. “I have enough belief in the citizens of Pennsylvania, in our legislature, and in the governor to believe that what you're talking about just would never happen.”
A constitutional guarantee to abortion access
A case that could establish whether the Pennsylvania Constitution guarantees the right to abortion is currently moving through the state court system.
DePasquale believes the state constitution contains an implicit right to abortion through its Equal Rights Amendment, which says that rights shall not be denied on the basis of sex.
He added that he would consider suing the state if the governor and legislature approved an abortion ban or another bill that severely restricted access in a way he believed to be unconstitutional.
“I would explore all options,” DePasquale said. “I reserve judgment until the bill exists, but it is something I would strongly consider.”
During a primary debate, Sunday said he believes that there is no right to abortion guaranteed in the state constitution.
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