They lost pregnancies for unclear reasons. Then they were prosecuted.

Experts say drug use is rarely the cause of miscarriage or still birth, but prosecution of women who test positive for drugs still happens — and could get more common in the wake of the Dobbs decision

By Cary Aspinwall, Brianna Bailey and Amy Yurkanin, Washington Post
September 1, 2022

Some were already mothers, excited about having another baby. Others were upset or frightened to find themselves pregnant. All tested positive for drugs. And when these women lost their pregnancies, each ended up in jail.

More than 50 women have been prosecuted for child neglect or manslaughter in the United States since 1999 because they tested positive for drug use after a miscarriage or stillbirth, according to an investigation by the Marshall Project, the Frontier and AL.com that was co-edited and published in partnership with The Washington Post.

Continued: https://www.washingtonpost.com/national-security/2022/09/01/prosecutions-drugs-miscarriages-meth-stillbirths/

USA – The Next Step in the Anti-Abortion Playbook Is Becoming Clear

Aug. 31, 2022
By Mary Ziegler

Two months after the fall of Roe v. Wade, abortion has been banned or severely restricted in at least 14 states, energizing leaders of the anti-abortion movement but also activating voters who are opposed to many of these measures. With so much at stake in the next few election cycles — and women’s lives hanging in the balance — both sides of this fight are strategizing their next moves.

For the anti-abortion movement, the emerging plan is an all-out fight for fetal personhood. In many ways this is no surprise — since the 1960s, the movement’s ultimate goal has been to secure legal protections for fetuses and embryos, despite the harm that could be done to the health and livelihoods of pregnant women. The recognition of fetal personhood nationwide could mean a total ban on abortion for everyone in the United States, and if an increasingly sophisticated minority of anti-abortion extremists have their way, many more women would face criminal charges for ending their pregnancies.

Continued: https://www.nytimes.com/2022/08/31/opinion/abortion-fetal-personhood.html

31.08.2022

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USA – Is a Fetus a Person? An Anti-Abortion Strategy Says Yes.

Fetal personhood, which confers legal rights from conception, is an effort to push beyond abortion bans and classify the procedure as murder. In Georgia, it also means a $3,000 tax credit.

By Kate Zernike
Aug. 21, 2022

Even as roughly half the states have moved to enact near-total bans on abortion since the Supreme Court overturned Roe v. Wade in June, anti-abortion activists are pushing for a long-held and more absolute goal: laws that grant fetuses the same legal rights and protections as any person.

So-called fetal personhood laws would make abortion murder, ruling out all or most of the exceptions for abortion allowed in states that already ban it. So long as Roe established a constitutional right to abortion, such laws remained symbolic in the few states that managed to pass them. Now they are starting to have practical effect. Already in Georgia, a fetus now qualifies for tax credits and child support, and is to be included in population counts and redistricting.

Continued: https://www.nytimes.com/2022/08/21/us/abortion-anti-fetus-person.html

USA – The Coming Rise of Abortion as a Crime

In places where abortion is now illegal, a range of pregnancy losses could be subject to state scrutiny.
By Melissa Jeltsen
JULY 1, 2022

Before last week, women attempting to have their pregnancies terminated in states hostile to abortion rights already faced a litany of obstacles: lengthy drives, waiting periods, mandated counseling, throngs of volatile protesters. Now they face a new reality. Although much is still unknown about how abortion bans will be enforced, we have arrived at a time when abortions—and even other pregnancy losses—might be investigated as potential crimes. In many states across post-Roe America, expect to see women treated like criminals.

On Friday, the Supreme Court overturned Roe v. Wade, ending abortion as a constitutional right. Nearly half of U.S. states either are in the process of implementing trigger bans—which were set up to outlaw abortions quickly after Roe was overturned—or seem likely to soon severely curtail abortion access. Reproductive-rights experts told me that in the near future, they expect to see more criminal investigations and arrests of women who induce their own abortions, as well as those who lose pregnancies through miscarriage and stillbirth.

https://www.theatlantic.com/family/archive/2022/07/roe-illegal-abortions-pregnancy-termination-state-crime/661420/

USA – Should you keep abortion pills at home, just in case?

With Roe on the brink, more experts are talking about advance provision of mifepristone and misoprostol.

By Rachel M. Cohen
Jun 22, 2022

Medication abortion, or taking a combination of the drugs mifepristone and misoprostol, is an increasingly common method for ending pregnancies in the United States. Reasons vary and overlap: Some women lack access to in-person abortion clinics; others prefer to end pregnancies in the comfort of their own home. Others seek out the pills because they cost far less than surgical abortion.

With more in-person clinics shuttering and a Supreme Court that’s threatening to overturn Roe v. Wade, a small but growing number of reproductive experts have been encouraging discussion of an idea called “advance provision” — or, more colloquially, stocking up on abortion pills in case one needs them later.

https://www.vox.com/2022/6/22/23170229/abortion-roe-medication-pills-pregnancy-unplanned

If Roe falls, more women will be prosecuted for miscarriages

By Radley Balko
May 26, 2022

About 10 years ago, a longtime state medical examiner in Texas and Mississippi told me something that has stuck with me ever since. He said there’s a type of prosecutor who believes that innocent babies just don’t die on their own. “They don’t believe in accidents,” he said, “especially when the parents are poor. Someone must be at fault. So someone has to pay.”

It isn’t hard to find cases to back up his theory. I’ve previously written about Hattie Douglas, a Mississippi woman who was arrested and jailed for a year for killing her infant son with alcohol poisoning until a lab concluded a medical examiner had botched the test results.

https://www.washingtonpost.com/opinions/2022/05/26/if-roe-falls-more-women-will-be-prosecuted-miscarriages/

26.05.2022

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USA – As the Supreme Court Weighs the Future of Abortion, Women Are Already Suffering

Attacks on reproductive rights have metastasized well beyond abortion in recent years, endangering women’s health and lives.

By Michele Goodwin
Nov 12, 2021

In the nearly 50 years since the Supreme Court decided Roe v. Wade, there has perhaps never been a more consequential moment for abortion rights than the one we are in now. This fall, the nation’s highest court is hearing not one but three cases that could upend the fundamental promise at the heart of Roe: that pregnant women in the United States have a right to an abortion until a fetus becomes viable, which is around 24 weeks. On November 1, the court heard the first two of these cases, Whole Woman’s Health v. Jackson and United States v. Texas, which addressed Texas’s near-total abortion ban, the law known as SB 8. And on December 1, the court will hear arguments in Dobbs v. Jackson Women’s Health Organization, which takes on the 15-week abortion ban passed by Mississippi in 2018. In that case, the state has made a direct appeal to the Supreme Court to overrule Roe.

Continued: https://www.thenation.com/article/society/abortion-women-health/

Pregnant People of Color are Bearing the Brunt of the War on Drugs

‘Fetal protection’ laws are criminalizing pregnant people who use drugs or alcohol, rather than approaching this as a public-health issue.

by Eleanor J. Bader
January 13, 2021

When Chelsea Becker was eight-and-a-half months pregnant, she delivered a stillborn baby. An autopsy found high levels of methamphetamine in its system, and Becker, then twenty-five, was subsequently charged with first-degree murder. Bail was initially set at $5 million, then lowered to an equally out-of-reach $2 million. As a result, Becker has been in pre-trial detention at the King County Jail in Hanford, California, since November 2019.

Becker is not an anomaly. In fact, over the past five decades, hundreds of people—71 percent of them low-income, and 59 percent people of color—have been locked up, sometimes in mental hospitals and sometimes in prison or mandatory treatment programs, for drug or alcohol use during pregnancy.

Continued: https://progressive.org/dispatches/pregnant-people-of-color-war-on-drugs-bader-210113/

With a woman in prison for a stillbirth, California’s murder law is tested

By ALEX WIGGLESWORTH, STAFF WRITER
DEC. 16, 2020

Adora Perez was two years into an 11-year prison sentence when she got a phone call. From inside the women’s state prison in Chowchilla, Calif., Perez listened as attorney Mary McNamara introduced herself, saying she had been looking into Perez’s case — and found it deeply flawed.

Continued: https://www.latimes.com/california/story/2020-12-16/adora-perez-appeal-stillborn-murder-charge

USA – ‘Personhood’ Film Shows the Cost of the Push for Fetal Rights

‘Personhood’ Film Shows the Cost of the Push for Fetal Rights
“If [the personhood movement] succeeds, the people who get pregnant are going to lose their fundamental rights… to privacy, to equality, to due process of law.”

Nov 7, 2019
Elizabeth Dawes Gay

Premiering this week, Personhood is the latest film highlighting the state of reproductive rights in the United States and how efforts to undermine the constitutional right to abortion cause unnecessary harm. In addition to exposing how fetal “personhood”—or the anti-abortion idea of legal protection for fetuses—immediately threatens the lives and well-being of pregnant people, the documentary film covers important issues concerning what the future could hold if state and federal policy continues in this trajectory. Personhood serves as a reminder that more organizing and political activism are needed to meet the challenges ahead.

Continued: https://rewire.news/article/2019/11/07/personhood-cost-push-fetal-rights/