TOPEKA (KSNT) – Shawnee County District Attorney Michael Kagay deferred when asked the question of whether he would prosecute a woman for having an abortion now that the U.S. Supreme Court has struck down Roe. v. Wade, eliminating the nearly 50-year-old constitutional right to abortion and handing states the authority to ban the procedure.

Kansas republican leaders praised the decision and commented unilaterally they wanted to see a decision on the issue handed over to the voters.

Almost immediately, Douglas County District Attorney Suzanne Valdez announced she will be joining other elected prosecutors who will use discretion and, “refuse to prosecute those who seek, assist in or provide abortions.”

“I’m a prosecutor, not a politician,” Kagay said when he appeared on KSNT 27 News Wednesday morning. “I’m not going to come out and make some sort of sweeping statement about a law that doesn’t exist yet.”

Kagay said he would look at the facts of any case.

“We don’t have a law currently in place, as a prosecutor, I think it’s incumbent on me to wait till there is a law for me to make a comment on,” Kagay said.