Criminal prosecutions sparked by hospital drug testing helped advance the legal concept that the fetus had interests the state could protect.
By Shoshana Walter, The Marshall Project
March 14, 2026a
In 1988, a nurse at the Medical University of South Carolina in Charleston decided she was fed up. She and her colleagues had grown alarmed about the number of women coming in to give birth who appeared to be addicted to crack cocaine. The hospital began drug testing pregnant patients — predominantly low-income Black women — and gathered with local law enforcement officials to come up with a plan: If the women tested positive, the hospital would hand them over to police. Soon, women, some still bleeding from childbirth, were being carried out of the hospital in shackles and chains.
The hospital was far from alone. Across the country, fervor over “crack babies,” and particularly Black women who birthed them, was reaching a fever pitch.
Continued: https://www.themarshallproject.org/2026/03/14/hospital-police-pregnant-south-carolina