WaPo writer warns if Roe v Wade is overturned, women will be prosecuted for miscarriages & More Trending News


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If the Supreme Court strikes down Roe v. Wade, women will be punished for miscarrying pregnancies, in keeping with an op-ed within the Washington Post Thursday.

Columnist Radley Balko started his argument by citing circumstances the place he mentioned prosecutors used “scientifically dubious expert testimony” to convict moms or caregivers within the deaths of their infants or kids.

Balko claimed it “stands to reason” then, that states that outlaw abortion and have fetal murder legal guidelines, might examine and prosecute women who’ve 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.


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.

People collect exterior the Supreme Court, May 2, 2022, in Washington following experiences of a leaked draft opinion by the courtroom 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 quote three circumstances of pregnant women initially charged within the stillborn and miscarriage deaths of their infants resulting from drug use or violence. The reporter mentioned these excessive profile circumstances weren’t out of the atypical.

He quoted the National Advocates for Pregnant Women which discovered greater than 1,300 women between 2006 and 2020 “were arrested, detained, or otherwise physically deprived of liberty for reasons related to a pregnancy,” resulting from unintentionally harming their unborn baby with illicit drug use, alcohol consumption or deliberately making an attempt to induce an abortion.

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 start 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 courtroom 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)

Pro-choice activists protest exterior the Supreme Court forward of arguments within the Mississippi abortion rights case, in Washington, Dec. 1, 2021. (Reuters/Jonathan Ernst)


Since then, some on the left have raised considerations that overturning the abortion precedent might result in the courtroom banning interracial marriages, same-sex marriages, and contraception.

Despite issuing opinions this week, the Supreme Court has but to rule on the extremely anticipated case.

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