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If the Supreme Court strikes down Roe v. Wade, women will be punished for miscarrying pregnancies, according to an op-ed in the Washington Post Thursday.
Columnist Radley Balko began his argument by citing cases where he said prosecutors used "scientifically dubious expert testimony" to convict mothers or caregivers in the deaths of their infants or children.
Balko claimed it "stands to reason" then, that states that outlaw abortion and have fetal homicide laws, could investigate and prosecute women who have miscarriages.
"It’s against this history that criminal defense and civil rights groups have expressed alarm over Justice Samuel A. Alito Jr.’s leaked draft opinion that would overturn Roe v. Wade," he wrote.
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People gather outside the Supreme Court, May 2, 2022, in Washington following reports of a leaked draft opinion by the court overturning Roe v. Wade. (AP Photo/Anna Johnson)
"If some prosecutors already believe babies don’t die without criminal culpability, it stands to reason that as state legislatures push fetal personhood back to fertilization, the same logic will be applied to miscarriages. Women who miscarry could be investigated for using alcohol, tobacco, or illicit drugs, or engaging in other behavior prosecutors deem risky," the journalist added.
Balko went on to cite three cases of pregnant women initially charged in the stillborn and miscarriage deaths of their babies due to drug use or violence. The reporter said these high profile cases weren't out of the ordinary.
He quoted the National Advocates for Pregnant Women which found more than 1,300 women between 2006 and 2020 "were arrested, detained, or otherwise physically deprived of liberty for reasons related to a pregnancy," due to unintentionally harming their unborn child with illicit drug use, alcohol consumption or intentionally trying to induce an abortion.
A pregnant woman holds her baby bump. (iStock)
The Post reporter argued that if Roe was overturned, "non-White" and poor women would be disproportionately affected.
"Their lifestyles and decisions will be scrutinized. They’ll be prosecuted for things such as addiction, malnutrition or failing to seek medical care. History suggests that the women most suspected will be disproportionately non-White, and they’ll overwhelmingly be women who lack the means and the platform to defend themselves."
In the beginning of May, a draft opinion on Dobbs v. Jackson Women's Health Organization written by Justice Samuel Alito was leaked to the press, signaling the court would overturn Roe v. Wade.
Pro-choice activists protest outside the Supreme Court ahead of arguments in the Mississippi abortion rights case, in Washington, Dec. 1, 2021. (Reuters/Jonathan Ernst)
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Since then, some on the left have raised concerns that overturning the abortion precedent could lead to the court banning interracial marriages, same-sex marriages, and contraception.
Despite issuing opinions this week, the Supreme Court has yet to rule on the highly anticipated case.
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