Summary
The topic “The Rise of Pregnancy Criminalization Post-Dobbs” examines the increase in criminal charges against pregnant individuals for behaviors associated with pregnancy, particularly following the U.S. Supreme Court’s decision to overturn Roe v. Wade in June 2022. Reports indicate that more than 200 women faced such charges in the year following this ruling, with a significant number related to substance use during pregnancy.
This surge in pregnancy-related prosecutions highlights a broader trend of “pregnancy criminalization,” where state laws are used to penalize behaviors perceived to endanger a fetus. The concept of fetal personhood—the legal notion that a fetus has rights akin to those of a born person—has been a driving force behind these prosecutions. Most charges stem from allegations of child neglect or endangerment rather than direct violations of abortion laws, reflecting a shift in how legal frameworks interpret the rights of pregnant individuals. Notably, states like Alabama, Oklahoma, and South Carolina have seen a marked increase in such cases, often targeting marginalized communities.
Key Findings from Recent Reports
- Recorded Cases: The report by Pregnancy Justice documented 210 criminal cases against pregnant individuals between June 2022 and June 2023, the highest number in a single year.
- Nature of Charges: The majority of these charges involved allegations of substance use during pregnancy, with many cases citing child neglect or endangerment.
- Fetal Personhood Laws: The rise of fetal personhood laws has allowed authorities to interpret existing laws in ways that criminalize pregnant individuals for actions that may affect a fetus, rather than for actions that directly harm a born child.
Implications for Healthcare and Legal Systems
- Deterrence from Seeking Care: Critics argue that the threat of prosecution discourages pregnant individuals from seeking necessary healthcare, particularly for substance use disorders, as they fear legal repercussions.
- Legal Precedents: The legal landscape is evolving, with some states enacting laws that explicitly confer personhood to fetuses, complicating the legal protections available to pregnant people.
- Disparities in Enforcement: The data shows that low-income and marginalized women are disproportionately affected by these prosecutions, raising concerns about equity in the legal system.
Conclusion
The rise in pregnancy criminalization post-Dobbs reflects a significant shift in how the legal system interacts with pregnancy and reproductive rights, emphasizing the need for ongoing advocacy and reform to protect the rights and health of pregnant individuals. As these trends continue to develop, the implications for healthcare access and legal protections remain critical areas for public discourse and policy intervention.
200+ women faced criminal charges over pregnancy in the year after Dobbs: report
Oct. 1 / Raw Story / Documents over 200 criminal cases post-Dobbs, revealing the legal implications of fetal personhood while critiquing the enforcement disparities. Provides a detailed examination of state-level prosecutions. “ In the year after the U.S. Supreme Court dismantled the constitutional right to abortion in June 2022, more than 200 pregnant women faced criminal charges...
The Rise of Pregnancy Criminalization Post-Dobbs
Sep. 24 / Time / Highlights the alarming rise in pregnancy criminalization, featuring insights from Lourdes Rivera that underscore systemic issues and the impact of fetal personhood laws. Offers a comprehensive overview. “ t least 210 pregnant people faced criminal charges for “conduct associated” with pregnancy in the first year after the —the highest number documented in a...