The Criminalization of Pregnancy Before and After Dobbs
Abstract
This chapter examines the criminalization of pregnancy in the United States, particularly in the post-Roe and post-Dobbs eras. It looks at how states have implemented and enforced punitive measures against pregnant individuals for actions or inactions related to their pregnancies. The chapter discusses the impact of fetal personhood ideology, the intersection of pregnancy criminalization with the war on drugs, and the disproportionate targeting of marginalized communities. It highlights the role of healthcare providers, intimate partner violence, and evolving laws that perpetrate these injustices, providing implications for reproductive rights and justice.