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AT LEAST 210 women faced criminal charges related to pregnancy, abortion, pregnancy loss, or birth in the year after the Supreme Court ended the federal right to abortion, according to a new report from the advocacy group Pregnancy Justice. In most of the cases — 121 of the 210 — the information later used against the women was obtained or disclosed in a medical setting, researchers found.
The period examined — from June 2022, when the court’s decision was released, to June 2023 — represented the highest number of pregnancy-related criminalizations in U.S. history, the authors of the report said. This initial report is part of a three-year study of pregnancy criminalization in the wake of the Supreme Court’s Dobbs decision; the organization is working in partnership with researchers from the University of Tennessee, the University of South Carolina, the University of Texas Austin, and the University of Alabama.
Most of the cases involved allegations of substance use during pregnancy, including 86 instances that concerned the use of marijuana. Five involved allegations of researching, mentioning, or attempting to get an abortion.
Nearly half of the prosecutions — 104 of them — took place in the state of Alabama, where abortion is almost completely banned and fetal personhood is enshrined as a matter of law. Rolling Stone documented the fallout from Alabama’s embrace of fetal personhood as it relates to pregnancy criminalization, IVF access, miscarriage management in June.
Oklahoma, with 68 prosecutions, and South Carolina, with 10, represented the second and third highest number of cases. Both states also have personhood laws on the books, as well as near-total abortion bans. They were followed by Ohio (7 cases), Mississippi (6), and Texas (6)…..
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