At least 210 pregnant people faced criminal charges for “conduct associated” with pregnancy in the first year after the U.S. Supreme Court overturned Roe v. Wade—the highest number documented in a single year, according to a new report by Pregnancy Justice, a nonprofit dedicated to protecting pregnant people’s rights.
The report covered prosecutions initiated from June 24, 2022, to June 23, 2023, documenting the alarming trend of pregnancy criminalization in the United States. The rise in criminal charges post the Dobbs v. Jackson Women’s Health Organization decision highlights the use of “fetal personhood” laws, granting legal rights to embryos or fetuses. This led to a surge in prosecutions, with Alabama, Oklahoma, and South Carolina having the highest number of cases due to their strict abortion bans or restrictions.
Pregnancy Justice President Lourdes Rivera discussed the report’s findings, emphasizing the disproportionate impact on marginalized communities, particularly women of color. The report also highlighted the invasion of patient privacy in medical settings, raising concerns about seeking essential healthcare services.
Current Challenges and Solutions
Rivera called for government intervention to address racial and gender discrimination in pregnancy criminalization. Strengthening patient confidentiality laws and implementing informed consent policies for drug testing are essential steps to protect pregnant individuals and uphold their rights. By advocating for policy changes at both the federal and state levels, we can combat the systemic issues highlighted in the report and ensure equitable access to healthcare for all pregnant individuals.