Trump abortion bans: getting pregnant women arrested when they’re not killing them
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It’s critical to understand that in states with Trump abortion bans every pregnancy is a potential basis for criminal investigation, and every miscarriage is a potential basis for prosecution:
One night in March of 2023, Amari Marsh went to the bathroom and suffered a miscarriage. “I screamed because I was scared, because I didn’t know what was going on,” she recently recalled. An at-home pregnancy test in late 2022 had come back positive. But the South Carolina college student said she continued to have her period—at least that’s how she interpreted the bleeding—so didn’t seek out prenatal care, figuring the test result must have been wrong.
Then, a few months later, Marsh told a reporter from KFF Health News, she began to experience severe cramping, “way worse” than regular menstrual pain. Two emergency room visits later, the 22-year-old biology major learned she was pregnant after all. Back at home that night, the contractions returned. Marsh woke up, rushed to the toilet, “and when I did, the child came.”
Miscarriages are extremely common in the US; among confirmed pregnancies, 10 to 20 percent will end in a loss. What happened to Marsh next is also becoming horrifically frequent in the post-Roe v. Wade era, according to a new report by the legal advocacy group Pregnancy Justice. Instead of treating her miscarriage as the health crisis and personal tragedy it was, prosecutors eventually charged her with murder/homicide by child abuse—punishable by 20 years to life in prison. Marsh spent three weeks behind bars, followed by another 13 months on house arrest, tracked by an ankle bracelet. She was finally cleared by a grand jury this past August, KFF said.
The Supreme Court’s landmark 2022 ruling in Dobbs v. Jackson Women’s Health Organization “open[ed] the door to government intrusion into pregnancy in unprecedented ways,” Pregnancy Justice says, “throwing suspicion on pregnancy loss, particularly outside medical settings.” In the first year after Dobbs, at least 22 women around the US faced criminal prosecution after suffering miscarriages, stillbirths, or the death of babies born prematurely, the organization reports.
More on Marsh’s case here.
Speaking of motivated ignorance, Megan McArdle and the other Abortion Radical Centrists may want to look into the question of how many women in France get arrested for having miscarriages. What they find would surprise people who think that “more paperwork to get your free abortion after 14 weeks” regulations are broadly similar to the “near-total bans on abortion after 6 weeks” in states like Texas and South Carolina. What they found out would surprise them if they had any interest in knowing the answer.