The comprehensive landscape of abortion laws in the United States has dramatically evolved since the U.S. Supreme Court’s 2022 decision in Dobbs, overruling Roe v. Wade. This shift is manifesting beyond civil courtrooms and legislative environments, extending its influence into the sphere of criminal law. Legal experts have identified a troubling trend wherein individuals are being criminally charged in connection with their own pregnancy losses, such as miscarriages or stillbirths.
The heightened scrutiny involves a complex interplay of fetal personhood rights and prosecutorial sanctions. Analysts point to the application of charges like homicide or abuse based on suspicions around pregnancy loss events, as heard in stories like Brittany Watts’ in Ohio. This later tactic stands in stark contrast to the prevalent legal assumption that only medical providers would face prosecution for terminating pregnancies.
These revelations are part of ongoing research aimed at documenting pregnancy criminalization after Dobbs. Law professionals Wendy Bach and Madalyn Wasilczuk have uncovered at least 22 cases that spotlight the increased legal challenges facing individuals, distinct from prosecutorial actions against healthcare providers. This expanding use of criminal statutes in pregnancy-related contexts raises profound questions about reproductive rights and the intersection of privacy with law enforcement actions. Further details on this evolving legal battle are part of the growing research, noted in Law360’s coverage.