More pregnant women prosecuted in the aftermath of Roe v. Wade

Over 200 pregnant women in the US faced criminal charges for pregnancy-related conduct in the year after the US Supreme Court ended the constitutional right to abortion in June 2022, finds a new report from advocacy group Pregnancy Justice.

Researchers found 210 cases in 12 states, with over half in Alabama. Other states include Mississippi, Ohio, Oklahoma, South Carolina and Texas.

Notably, state abortion laws weren’t the main reason for these prosecutions, and a majority of the cases alleged substance use by the pregnant person.

The report highlights that most women prosecuted had low incomes.

In most cases, the authorities used the legal concept of “fetal personhood” to charge women with crimes like child neglect or endangerment, which carry harsher penalties. This legality treats a fetus, embryo or fertilized egg as having the same rights as a born person.

Critics argue that these prosecutions discourage pregnant women, especially those struggling with addiction, from seeking medical help due to fear of arrest.