USA – Abortion bans don’t prosecute pregnant people. That may be about to change.

Legislation in Oklahoma and remarks from the Alabama attorney general could foreshadow new efforts to punish people who induce their own abortions.

Shefali Luthra, Health Reporter
January 13, 2023

As state lawmakers weigh new restrictions on abortion, some Republicans are revisiting a longstanding taboo of not prosecuting pregnant people for seeking abortions in places where the procedure is banned, though the topic remains divisive among anti-abortion advocates.

State restrictions have so far fallen just shy of imposing criminal penalties on people who seek abortions, instead targeting physicians, health care providers and anyone else who might help someone get an abortion.

Continued: https://19thnews.org/2023/01/abortion-bans-pregnant-people-prosecution/


The anti-abortion movement just had a mask-off moment in Alabama

In Alabama, pregnant women are subjected to a work around law in the name of protecting the fetus: chemical endangerment of a child

Moira Donegan
Fri 13 Jan 2023

This week, Steve Marshall, Alabama’s Republican attorney general, said he sees a path to prosecuting women for having abortions in his state. This was a bit of a faux pas: a moment of letting slip the mask that the anti-abortion movement always tries to keep on.

Alabama’s abortion ban, which has only limited exemptions for women’s lives, makes providing an abortion a felony, punishable by up to 99 years in prison. But like nearly all of the abortion bans that have sprung into effect since the US supreme court’s ruling in Dobbs v Jackson Women’s Health overturned Roe v Wade last June, the law has no mechanism to prosecute women who receive abortions. But that doesn’t mean that patients are safe from criminal charges, according to the state’s top prosecutor.

Continued: https://www.theguardian.com/commentisfree/2023/jan/13/alabama-attorney-general-anti-abortion-movement


The Alabama woman indicted after a miscarriage will not be prosecuted

The Alabama woman indicted after a miscarriage will not be prosecuted
A jury initially indicted Marshae Jones on manslaughter charges after a shooting caused her to miscarry, sparking a national outcry.

By P.R. Lockhart
Jul 3, 2019

One week after her story drew national attention, Marshae Jones, the Alabama woman who faced criminal charges after a shooting caused her to miscarry, will not be prosecuted, the Alabama district attorney announced Wednesday.

“After viewing the facts of this case and the applicable state law I have determined that it is not in the best interest of justice to pursue prosecution of Ms. Jones on the manslaughter charge for which she was indicted by the grand jury,” Jefferson County District Attorney Lynneice Washington said at a press conference. “Therefore, I am dismissing this case and no further legal action will be taken against Ms. Jones in this matter.”

Continued: https://www.vox.com/identities/2019/7/3/20681511/marshae-jones-alabama-miscarriage-shooting-charges-dismissed


The US right’s concern for the foetus doesn’t survive the trip down the birth canal

The US right’s concern for the foetus doesn’t survive the trip down the birth canal
Women face jail for miscarriage while migrant children are held in unsafe conditions. Hypocrisy is thrown into sharp relief

Emer O'Toole
Mon 1 Jul 2019

In Alabama, a woman who was shot in the stomach five times and lost her pregnancy as a result has been charged with the manslaughter of her foetus. Marshae Jones allegedly instigated a fight that resulted in the shooting, and, thus, according to a local police source, the “only true victim” was the “unborn baby”. Lieutenant Danny Reid further explained that the foetus is “dependent on its mother to keep it from harm, and she shouldn’t seek out unnecessary physical altercations”.

If Jones can be tried for manslaughter, what other types of pregnancy loss can be treated as serious crimes? If a pregnant woman is hit by a car while jaywalking, is this manslaughter? How about if – despite knowing of the tiny risk – she chooses to eat soft blue cheese and miscarries due to listeria? What if she changes the cat litter and contracts toxoplasmosis?

Continued: https://www.theguardian.com/commentisfree/2019/jul/01/us-rights-concern-foetus-not-survive-trip-down-birth-canal?CMP=share_btn_link=


USA – A pregnant woman was shot in the stomach. She was charged in the death of the fetus.

A pregnant woman was shot in the stomach. She was charged in the death of the fetus.

By Michael Brice-Saddler and Alex Horton
June 28, 2019

A 27-year-old Alabama woman was indicted on manslaughter charges Wednesday in the loss of her pregnancy, even though, police say, another woman pulled the trigger.

The moment quickly became a flash point in the broader debate over abortion, particularly in Alabama, and raised questions over how fairly manslaughter charges can be applied in the state.

Continued: https://www.washingtonpost.com/nation/2019/06/27/pregnant-woman-was-shot-stomach-she-was-indicted-her-babys-death/


USA: Health of pregnant women being jeopardized by punitive laws

USA Health of pregnant women being jeopardized by punitive laws
23 May 2017

A set of US laws which claim to promote maternal and infant health are in fact driving pregnant women away from vital health services, jeopardizing their wellbeing and violating their right to health, according to a new report published by Amnesty International today.

Criminalizing Pregnancy: Policing Pregnant Women Who Use Drugs in the USA, highlights the impact of pregnancy criminalization laws, especially those which are used to arrest and prosecute women who use drugs based on a belief that they are harming their fetuses. Fear of these laws is deterring pregnant women from accessing healthcare, prenatal care and even drug treatment.

“Across the USA, the heavy-handed policing of pregnant women’s behaviour is shattering patient trust in health services with devastating consequences. These laws put pregnant women in a double bind, forcing them to choose between risking their health and risking punishment,” said Carrie Eisert, Policy Adviser at Amnesty International, who authored the report.

Continued at source: Amnesty International: https://www.amnesty.org/en/latest/news/2017/05/usa-health-of-pregnant-women-being-jeopardized-by-punitive-laws/