If Abortion Is Illegal, Will Every Miscarriage Be a Potential Crime? – Mother Jones

On a humid morning in early October, Brittney Poolaw sat in an Oklahoma courtroom waiting on a verdict. Instead of the jail uniform she’d donned over the past 18 months, she wore a yellow and white blouse. After less than three hours of deliberation, the jury returned with their decision: Poolaw was guilty of first-degree manslaughter. She was sentenced to four years behind bars.

But Poolaw, a 20-year-old and a member of the Wichita Tribe, had not driven recklessly or shot a gun. She’d had a miscarriage.

Poolaw will not be the last woman sent to prison for accidentally losing a pregnancy. Indeed, if the leaked Supreme Court decision overturning Roe vs. Wade is in fact its final opinion on the matter, cases like Poolaw’s will likely become more common.

That’s because, as Dana Sussman, deputy executive director of the National Advocates for Pregnant Women, says: “Not only did Roe vs. Wade establish that there’s a constitutional right to abortion, it also rejected the idea that fetuses are people under the Constitution.” The draft opinion, written by Justice Samuel Alito, is steeped in language that paints fetuses—no matter what stage of development—as people. And when we lend credence to the idea of fetal personhood, it creates “a situation in which, when there is perceived harm to a fetus, it can be a victim of a crime. You can’t add fetuses to the community of individuals who are entitled to constitutional rights without diminishing the rights of the person carrying that fetus,” Sussman says.

Source: If Abortion Is Illegal, Will Every Miscarriage Be a Potential Crime? – Mother Jones

4 thoughts on “If Abortion Is Illegal, Will Every Miscarriage Be a Potential Crime? – Mother Jones”

    1. The right wing is getting crazy wanting to charge women with murder for an abortion, outlawing same sex marriages-relations, outlawing trans-sexual medical procedures, banning birth control, sex education… Then they will turn to banning inter-racial marriages…

    2. The Supreme Court can rule laws unconstitutional. Strongest guarantee is an amendment to the US Constitution.

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