US prosecutors keep charging women with ‘pregnancy-related crimes’

In the two years after Roe v Wade was overturned, hundreds were charged amid growing acceptance of ‘fetal personhood’

Arwa Mahdawi
Sat 4 Oct 2025

The pregnancy police are racking up arrests

Every 74 seconds, someone in the US is sexually assaulted. And every nine minutes that ‘someone’ is a child, according to statistics collated by the anti-sexual violence non-profit Rainn.

Instead of sending alleged sex offenders to court, the Trump administration seems more interested in putting them in positions of power. Less than 4% of reported rapes, sexual assaults and child sexual abuse allegations in certain cities across the country ever lead to a sex crime conviction, an NBC News investigation from earlier this year found. To reiterate: that’s reported assaults. By some counts, nearly 80% of rapes and sexual assaults go unreported.

Continued: https://www.theguardian.com/commentisfree/2025/oct/04/week-in-patriarchy-pregnancy-crimes

04.10.2025

Commentary

Amnesty International

prosecuting women for miscarriage

prosecuting women for pregnancy

Abortion’s Long History

Abortion has been an inescapable fact of life for millennia. The question is, why do women gain or lose control over their reproductive lives at different times in history?

Linda Greenhouse
September 25, 2025 issue, NY Books (published online Sep 5)

“Abortion has long been an option for women, as far back in the historical record as we can see,” Mary Fissell, a historian of medicine at Johns Hopkins University, informs us at the start of Pushback: The 2,500-Year Fight to Thwart Women by Restricting Abortion, her eye-opening account of undesired pregnancy and its intentional termination across the millennia.

Imagine if Justice Samuel Alito’s majority opinion in Dobbs v. Jackson Women’s Health Organization (2022), in which the Supreme Court repudiated the right to abortion, began with those words instead of his presumptuous first sentence: “Abortion presents a profound moral issue on which Americans hold sharply conflicting views.” I say presumptuous because while Alito and the four justices who joined his opinion—all raised in the Catholic Church—no doubt do believe that abortion presents a “profound moral issue,” that is not a view shared by all Americans, many of whom believe that forcing a woman to carry a pregnancy to term is where the moral problem lies.

Continued: https://www.nybooks.com/articles/2025/09/25/abortions-long-history-linda-greenhouse/

USA – Confusing abortion bans hurt patients. But there’s a cost to making them clearer.

What the debate over “clarification” laws reveals about America three years out from Roe.

by Rachel Cohen Booth
Jul 1, 2025

By the time Republican Rep. Kat Cammack arrived at a Florida emergency room, she was facing an urgent medical crisis: Her pregnancy, then five weeks along, had become ectopic and now threatened her life. It was May 2024, and though Florida’s new and particularly restrictive six-week abortion ban did allow abortion in cases like hers, Cammack said she spent hours convincing hospital staff to administer the standard treatment for ending nonviable pregnancies. Doctors expressed fears about losing their licenses, prompting Cammack to pull up the legislation on her phone to show them that her case fell within legal parameters.

Continued: https://www.vox.com/abortion/418140/abortion-bans-clarification-texas-tennessee-kentucky-reproductive-rights-roe

USA – How Viability Limits End Up Criminalizing Pregnancy

Pregnancy Justice’s legal director, Karen Thompson, warns: “We are in dangerous territory. This is our reality now.”

Nina Martin, Mother Jones
June 30, 2025

When Karen Thompson became the legal director at Pregnancy Justice a year and a half ago, she was still learning about the reproductive justice issues at the heart of the organization’s mission. But after 20 years focused on the criminal justice system, first at the Innocence Project and then at the ACLU of New Jersey, she did know a lot about racial profiling, government surveillance, law enforcement overreach, and wrongful convictions. And to her, the parallels between her earlier work and the increasing criminalization of pregnancy and abortion in post-Roe v. Wade America could not have been clearer. “We are seeing all the same kinds of issues in the repro space that people in the criminal defense space have been talking about for years,” Thompson says.

Continued: https://www.motherjones.com/politics/2025/06/pregnancy-justice-karen-thompson-viability-limits-fetal-personhood-criminalizing-pregnancy/

30.06.2025

USA – How idea of charging women with murder infiltrated the anti-abortion movement

‘Abolitionists’ have migrated out of the fringes and moved toward the center of movement alongside Republicans’ penchant for punishment

Carter Sherman
Wed 23 Apr 2025

So far this year, lawmakers in at least 12 states have introduced legislation that would treat fetuses as people and leave women who have abortions vulnerable to being charged with homicide – a charge that, in several of these states, carries the death penalty.

Once seen as politically toxic, this kind of legislation has become more popular in the years since Roe v Wade fell, erasing the national right to abortion. This likely comes as no surprise to Mary Ziegler, a professor at the University of California, Davis School of Law and one of the foremost commentators on the US abortion wars. The anti-abortion movement, she writes in her new book Personhood: The New Civil War Over Reproduction, has really “always been a fetal-personhood movement” – one that is so emboldened, it is increasingly unconcerned with public opinion or even democratic norms.

Continued; https://www.theguardian.com/us-news/ng-interactive/2025/apr/23/anti-abortion-fetal-personhood

Does a Fetus Have Constitutional Rights?

“Personhood,” by Mary Ziegler, is a field guide to the seemingly boundless tactical resourcefulness of the anti-abortion movement.

By Margaret Talbot
April 14, 2025

In the first two years after the Supreme Court eliminated the constitutional right to abortion, the number of abortions performed annually in the United States went up. On the face of it, this might seem perplexing. After all, many states seized the opportunity presented by the Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization to enact daunting new restrictions on abortion: twelve adopted near-total bans, and four more imposed gestational limits of six weeks, a point at which many people may not yet realize they are pregnant. Yet, suddenly, the U.S. was seeing an increase in abortions—from about nine hundred and thirty thousand in 2020 to more than a million in 2023. The best explanation for this apparent paradox was that providers and activists in states where abortion was still accessible devoted considerable energy and resources into making it more so. This was especially true for medication abortions provided via telehealth. In December, 2021, the F.D.A. had lifted its requirement that mifepristone be prescribed in person; the number of virtual clinics, which assess a patient’s eligibility online or by phone, and mail out the medications, proliferated.

Continued: https://www.newyorker.com/magazine/2025/04/21/personhood-mary-ziegler-book-review

Woman’s arrest after miscarriage in Georgia draws fear and anger

Experts say the arrest is part of a pattern of criminalizing pregnancy that has accelerated since the fall of Roe v. Wade.

April 5, 2025
By Bracey Harris

On March 20 in rural Georgia, an ambulance responded to an early morning 911 call about an unconscious, bleeding woman at an apartment. When first responders arrived, they determined that she’d had a miscarriage. That was only the start of her ordeal.

Selena Maria Chandler-Scott was transported to a hospital, but a witness reported that she had placed the fetal remains in a dumpster. When police investigated, they recovered the remains and Chandler-Scott was charged with concealing the death of another person and abandoning a dead body. The charges were ultimately dropped; an autopsy determined Chandler-Scott had had a “natural miscarriage“ at around 19 weeks and the fetus was nonviable.

Continued: https://www.nbcnews.com/news/us-news/georgia-arrest-miscarriage-fetal-personhood-rcna199400

USA – Anti-Abortion Activists See Their Moon-Shot Goal Within Reach

And we’re already experiencing the consequences.

By Mary Ziegler
Feb 14, 2025

In 2022 the Louisiana Legislature became the first to advance a bill to criminalize abortion seekers. While conservative states often punish women for pregnancy-related conduct, as the group Pregnancy Justice documents, jurisdictions that ban abortion have been careful to stress that they don’t punish women for abortion itself. And when Louisiana came close to doing that, the most powerful national anti-abortion organizations moved to kill the bill, arguing that the movement was united in viewing women as victims, not perpetrators, of abortion.

That might have been it: The movement’s powers that be had spoken, and the case was closed. But this legislative session has already seen a wave of bills authorizing the punishment of abortion patients, proposed by so-called abortion abolitionists, who argue that their bills are the only way for the anti-abortion movement to be logically consistent, as well as morally (and biblically) justified.

Continued; https://slate.com/news-and-politics/2025/02/anti-abortion-legislation-fetal-personhood.html

USA – Some states on track to restore abortion access, while others push for fetal rights in 2025

By: Sofia Resnick and Kelcie Moseley-Morris
January 2, 2025

Heading into the third year since Roe v. Wade was overturned, states will continue to introduce and consider legislation to expand or restrict access to reproductive health care and abortion as legislative sessions begin. In anticipation of President-elect Donald Trump’s return to the White House in January, states with broad reproductive rights protections have introduced bills to shield patients and doctors if the incoming Republican administration overturns protections implemented under President Joe Biden. States with strict bans, meanwhile, have started floating fetal personhood bans, abortion pill punishments and other restrictions.

Most legislatures will convene during the second week in January or later and adjourn midway through the year.

Continued: https://ncnewsline.com/2025/01/02/some-states-on-track-to-restore-abortion-access-while-others-push-for-fetal-rights-in-2025/

USA – The Insidious Legal Theory Behind the Abortion Rights Rollback

There’s an arcane concept from the 1700s that underpins the attack on reproductive rights: the idea that women are incapable of making their own decisions.

Matthew Wollin
October 14, 2024

After the Supreme Court handed down its decision in Dobbs, I was part of a legal team that challenged Ohio’s ban on abortion in court. A few months later, we had an initial victory: The restriction was preliminarily enjoined, and Ohio voters subsequently approved an amendment to the state constitution protecting reproductive rights via referendum.

Two things about the experience have stuck with me. First, the tension in the courtroom—one provider testified wearing a bulletproof vest, while an anti-abortion protester sat behind me, holding a model of a fetus in her hand throughout the proceedings. Second, no one was talking about the legal mechanism that actually underlay the entire debate: coverture.

Continued: https://newrepublic.com/article/185911/abortion-coverture-arcane-legal-theory

14.10.2024