62 DAYS is an urgent examination of a growing trend of laws that seek to control a pregnant woman's body. It tells the story of a brain-dead pregnant woman whose family was forced to keep her on life support against their will. Marlise Muñoz was 33 years old and 14 weeks pregnant with her second child when she suffered a pulmonary embolism and was pronounced brain-dead in a hospital in Texas. Marlise had been clear about her end-of-life wishes: she did not want to be on mechanical support under any circumstances. But Marlise was kept alive because of a little-known law that states "a person may not withdraw or withhold life-sustaining treatment... from a pregnant patient." The film reveals that this is not an anomaly: there are currently 32 states (and counting) with similar or identical pregnancy exclusion policies. 62 DAYS follows the Muñoz family as they journey from private loss, to unwanted media attention, and finally towards activism as they fight to change this law. This timely short film powerfully addresses critical issues surrounding bodily integrity and women's health and needs to be seen by anyone studying or engaged in activism around reproductive rights.

BIRTHRIGHT: A WAR STORY is the real-life "Handmaid’s Tale." This urgent documentary examines how women are being jailed, physically violated and even put at risk of dying as a radical movement tightens its grip across America. The film tells the story of women who have become collateral damage in the aggressive campaign to take control of reproductive health care and to allow states, courts and religious doctrine to govern whether, when and how women will bear children. BIRTHRIGHT: A WAR STORY explores the accelerating gains of the crusade to control pregnant women and the fallout that is creating a public health crisis, turning pregnant women into criminals and challenging the constitutional protections of every woman in America.

Bei Bei Shuai, a Chinese Immigrant living in Indiana, is charged with murder and feticide. Her Crime? Attempting suicide while pregnant. Abandoned by the father of her unborn child and suffering from severe perinatal depression, Bei Bei Shuai attempts suicide while eight months pregnant. She survives the attempt, but her baby, delivered by emergency c-section, dies in her arms three days later. Following devastating personal tragedy, Bei Bei finds herself transformed from a grief stricken mother into a criminal, charged with murder and attempted feticide. Bei Bei is moved to the Marion County Jail where she remains for a year and a half, until her lawyer Linda Pence is able to secure her release on bail. As Bei Bei and Ms. Pence take on the Indiana state justice system, her case begins to gain national attention. Their fight raises important questions about personhood laws, fetal rights, immigrant rights, and the criminalization of the mentally ill.

Personhood: Policing Pregnant Women in America tells a different reproductive rights story – one that ripples far beyond the right to choose and into the lives of every pregnant person in America. Tammy Loertscher’s fetus was given an attorney, while the courts denied Tammy her constitutional rights and sent her to jail. Through her story, the film reframes the abortion debate to encompass the growing system of laws that criminalize and police pregnant women. At the intersection of the erosion of women’s rights, the war on drugs, and mass incarceration, Tammy’s experience reveals the dangerous consequences of these little-known laws for American women and families.

While many claim that being a mom is the most important job in the world, in reality motherhood in the United States is becoming harder. From preconception, through pregnancy, and while parenting, women are held to ever-higher standards and are finding themselves punished – both socially and criminally – for failing to live up to these norms. This book uncovers how women of all ethnic backgrounds and socioeconomic statuses have been interrogated, held against their will, and jailed for a rapidly expanding list of offenses such as falling down the stairs while pregnant or letting a child spend time alone in a park, actions that were not considered criminal a generation ago. While poor mothers and moms of color are targeted the most, all moms are in jeopardy, whether they realize it or not. Women and mothers are disproportionately held accountable compared to men and fathers who do not see their reproduction policed and almost never incur charges for “failure to protect.” The gendered inequality of prosecutions reveals them to be more about controlling women than protecting children. Using a reproductive justice lens, Caitlin Killian analyzes how and why mothers are on a precipice and what must change to prevent mass penalization and instead support mothers and their children.

In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

The intense policing of women's reproductive capacity places women's health and human rights in great peril. Poor women are pressured to undergo sterilization. Women addicted to illicit drugs risk arrest for carrying their pregnancies to term. Courts, child welfare, and law enforcement agencies fail to recognize the efforts of battered and incarcerated women to care for their children. Pregnant inmates are subject to inhumane practices such as shackling during labor and poor prenatal care. And decades after Roe, the criminalization of certain procedures and regulation of abortion providers still obstruct women's access to safe and private abortions.In this important work, Jeanne Flavin looks beyond abortion to document how the law and the criminal justice system police women's rights to conceive, to be pregnant, and to raise their children. Through vivid and disturbing case studies, Flavin shows how the state seeks to establish what a "good woman" and "fit mother" should look like and whose reproduction is valued. With a stirring conclusion that calls for broad-based measures that strengthen women's economic position , choice-making, autonomy, sexual freedom, and health care, Our Bodies, Our Crimes is a battle cry for all women in their fight to be fully recognized as human beings. At its heart, this book is about the right of a woman to be a healthy and valued member of society independent of how or whether she reproduces.

In the past several decades, medicine, the media, and popular culture have focused on mothers as the primary source of health risk for their children, even though American children are healthier than ever. The American legal system both reflects and reinforces this conception of risk. This book explores how this occurs by looking at unconscious psychological processes, including the ways in which we perceive risk, which shape the actions of key legal decisionmakers, including prosecutors, judges, and jurors. These psychological processes inevitably distort the way that ostensibly neutral legal principles are applied in ways that are biased against mothers. The book shows how assertions that mothers and mothers-to-be have “risked” their children’s health play out in practice. Pregnant women, women who do or do not breastfeed, and mothers whose children are injured or killed by the mother’s abusive male partner end up facing civil lawsuits and criminal prosecution. The book also illustrates how America’s resistance to the precautionary principle has led to an epidemic of children poisoned by lead. Vaccination is the only area in which parents are permitted to opt out of medically recommended health care for their children. The book explores the role of “choice” in children’s health and how it is applied unevenly to mothers and others, including manufacturers of toxic products. The book ends with recommendations for real improvement in children’s health.

This shadow report focuses on the punishment and criminalization of individuals for abortion, stillbirths, miscarriages, and adverse pregnancy outcomes. In the U.S., human rights violations occur when states pass laws that explicitly criminalize performing abortions and when state officials misuse other laws to surveil, investigate, arrest, detain, and prosecute pregnant individuals based on the perceived impact of their actions on their pregnancy.

Pregnant people have been criminalized for their pregnancy outcomes even after Roe v Wade established some rights to reproductive autonomy. Fetal personhood theory, changing societal conceptions of motherhood, and existing racial and class-based biases have fueled an increasing and complex patchwork of punitive policies and interpretations. This study analyzed 35 well-documented cases of modern pregnancy criminalization to categorize this complicated phenomenon, seeking to clarify potential policy areas that may help address this issue more broadly. This study resulted in four categories of actions that have led to arrests and forced interventions into pregnant people’s lives: refusing medical care, substance use, personal injury, and self-managed abortion. In the shadow of the Dobbs decision, this categorization allows for clarification of which areas of policy may require targeted advocacy for the development of true reproductive justice. In addition, this study investigated several common factors in pregnancy criminalization- such as racial inequality, poverty rates, drug criminalization, etc- to determine risk factors and high-risk states.

The Supreme Court decision to overturn Roe v. Wade and the growing onslaught of state laws that criminalize abortion are part of a long history of maintaining White supremacy through reproductive control of Black and socially marginalized lives. As public health continues to recognize structural racism as a public health crisis and advances its measurement, it is imperative to explicate the connection between abortion criminalization and White supremacy. In this essay, we highlight how antiabortion policies uphold White supremacy and offer concrete strategies for addressing abortion criminalization in structural racism measures and public health research and practice.

Women experiencing incarceration have higher rates of unmet contraceptive needs and rates of abortion than the public. Incarceration presents multiple potential barriers to accessing abortion and contraception care, including prison security protocols, prison locations, lack of access to care providers, stigma, and low health literacy. The objective of this scoping review is to understand the extent and type of evidence in relation to contraception and abortion access for people experiencing criminalization and incarceration.

With abortion remaining legal in over half of the country and a proliferation of websites offering information on how to access abortion medications, for those who know where to look, there are sound options for safely ending an unwanted early-stage pregnancy. But not all patients have equal access to reliable information. This Article addresses the urgent downstream harms caused by the lack of access to abortion information, and argues that in view of these consequences, regardless of abortion’s legal status, clinicians have a duty to provide their patients with abortion information. We begin by documenting clinicians’ hesitation to share abortion information, drawing on our interviews with 25 doctors practicing medicine in a state where abortion is criminalized. Next, we explain why clinicians are duty-bound to provide all-options counseling. We then consider whether such duties shift where abortion is criminalized. After identifying the limited legal risks associated with supplying abortion information, and showing how, by requiring all-options counseling, professional societies might reduce risks to patients and clinicians, we conclude that, regardless of the legal status of abortion, clinicians have a professional responsibility to share basic abortion information – including treatment options and how to access those options.

This research brief provides preliminary findings from a multi-year research project to understand who has been targeted by criminalization for self-managing their abortion and how these cases make their way into and through the criminal system. From 2000 to 2020, we identified 61 cases of people who were criminally investigated or arrested for allegedly ending their own pregnancy or helping someone else do so. Cases occurred across 26 states, most of which emerged in Texas, followed by Ohio, Arkansas, South Carolina, and Virginia. Understanding self-managed abortion criminalization over the last twenty years, lends insight into what the criminalization of abortion is likely to look like in a post-Roe America.

In my dissertation I conduct an inquiry into the legal phenomenon of pregnancy-specific crime. I discuss my theory of pregnancy exceptionalism in US jurisprudence, explore whether these laws are applied evenly in the population, and if not, why, and ultimately ask how, when, and if the law matters in practice. In order to answer these questions, I analyze pregnancy related US Supreme Court opinions to understand the court’s interpretation of the constitution as it relates to pregnant or potentially pregnant women. Next, I conduct a systematic analysis of state bills and statutes creating pregnancy-specific crimes, with an emphasis on the prosecution of pregnant women for crimes against the fetuses they gestate. Then, I examine arrest cases of pregnant women for crimes against their fetuses in the three states where such crimes have been officially codified: South Carolina, Alabama, and Tennessee. Next, I present my analysis of interviews with prosecutors involved in developing these punitive policies, in order to understand their motivations for doing so. This project addresses the treatment of pregnant women as a separate class of person with reduced legal status. While pregnancy exceptionalism defines all pregnant women as a separate class, it is clear that some women are targeted more than others.