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For Immediate Release
Contact: media@aclu.org

ACLU Statement on Maryland Supreme Court Ruling in Abortion Surveillance Case

Annapolis, Maryland

The Maryland Supreme Court issued a ruling this week in the case Moira Akers v. State, overturning Moira Akers’ conviction on the grounds of inadmissible evidence. Moira suffered a traumatic stillbirth only to be charged with murder and sentenced to 30 years in prison. Despite the fact that abortion is legal in Maryland, prosecutors used her internet search history, in which she researched pregnancy termination options, and lack of prenatal care as evidence that she intended to commit a crime.

By effectively criminalizing Moira’s ability to even contemplate an abortion, prosecutors undermined state law guaranteeing her right to make her own reproductive decisions. The court found that this improperly admitted evidence was irrelevant as a matter of law because Moira’s consideration of abortion and lack of prenatal care bore no logical connection to whether she would cause harm to a person. Accordingly, the court reversed Moira’s convictions.

Statement from David Rocah, senior staff attorney, ACLU of Maryland:

“The Maryland Supreme Court’s ruling overturning this wrongful conviction and striking evidence of Moira’s attempt to inform herself about her options during her pregnancy is a victory for both Moira Akers and the people of Maryland, who affirmed the state constitutional right to an abortion at the ballot box just last year. This ruling should serve as a cautionary tale that even states that safeguard abortion are not immune to unjust prosecutorial threats.”

Statement from Lauren Johnson, director of the Abortion Criminal Defense Initiative at the American Civil Liberties Union:

“We’re glad the court set this important precedent for abortion rights in Maryland and reversed Moira’s conviction. It was the right decision, though Moira should have never been put in this position by the state. This ruling should serve as a reminder that even states that have safeguarded abortion are not immune to unjust prosecutorial threats. It’s crucial that we stay vigilant. We must continue to fight back against the harm that the state inflicts against pregnant people. The ACLU remains committed to fighting for reproductive freedom across our country.”

The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.

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