SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
");background-position:center;background-size:19px 19px;background-repeat:no-repeat;background-color:var(--button-bg-color);padding:0;width:var(--form-elem-height);height:var(--form-elem-height);font-size:0;}:is(.js-newsletter-wrapper, .newsletter_bar.newsletter-wrapper) .widget__body:has(.response:not(:empty)) :is(.widget__headline, .widget__subheadline, #mc_embed_signup .mc-field-group, #mc_embed_signup input[type="submit"]){display:none;}:is(.grey_newsblock .newsletter-wrapper, .newsletter-wrapper) #mce-responses:has(.response:not(:empty)){grid-row:1 / -1;grid-column:1 / -1;}.newsletter-wrapper .widget__body > .snark-line:has(.response:not(:empty)){grid-column:1 / -1;}:is(.grey_newsblock .newsletter-wrapper, .newsletter-wrapper) :is(.newsletter-campaign:has(.response:not(:empty)), .newsletter-and-social:has(.response:not(:empty))){width:100%;}.newsletter-wrapper .newsletter_bar_col{display:flex;flex-wrap:wrap;justify-content:center;align-items:center;gap:8px 20px;margin:0 auto;}.newsletter-wrapper .newsletter_bar_col .text-element{display:flex;color:var(--shares-color);margin:0 !important;font-weight:400 !important;font-size:16px !important;}.newsletter-wrapper .newsletter_bar_col .whitebar_social{display:flex;gap:12px;width:auto;}.newsletter-wrapper .newsletter_bar_col a{margin:0;background-color:#0000;padding:0;width:32px;height:32px;}.newsletter-wrapper .social_icon:after{display:none;}.newsletter-wrapper .widget article:before, .newsletter-wrapper .widget article:after{display:none;}#sFollow_Block_0_0_1_0_0_0_1{margin:0;}.donation_banner{position:relative;background:#000;}.donation_banner .posts-custom *, .donation_banner .posts-custom :after, .donation_banner .posts-custom :before{margin:0;}.donation_banner .posts-custom .widget{position:absolute;inset:0;}.donation_banner__wrapper{position:relative;z-index:2;pointer-events:none;}.donation_banner .donate_btn{position:relative;z-index:2;}#sSHARED_-_Support_Block_0_0_7_0_0_3_1_0{color:#fff;}#sSHARED_-_Support_Block_0_0_7_0_0_3_1_1{font-weight:normal;}.grey_newsblock .newsletter-wrapper, .newsletter-wrapper, .newsletter-wrapper.sidebar{background:linear-gradient(91deg, #005dc7 28%, #1d63b2 65%, #0353ae 85%);}
To donate by check, phone, or other method, see our More Ways to Give page.
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
One advocate called out "the politicians who paved the way for this tragedy."
"I've got to go to the hospital," a pregnant woman filmed by the Louisville Metro Police Department's body cameras in late September told officers, standing near a mattress beneath a busy overpass. "What am I doing wrong?"
The woman was in labor and had told the police as they approached her that she thought her water had broken, but that didn't stop the officers from giving her a ticket for violating a new Kentucky law that bans all street camping—one of dozens of laws criminalizing homelessness that were passed this year.
Lt. Caleb Stewart, who cited the woman in Louisville, told her that he would call an ambulance for her, but when she began moving toward the street to wait for the emergency workers, he yelled at her to stop.
"Am I being detained?" she asked.
"Yes, you're being detained," he replied. "You're being detained because you're unlawfully camping."
Stewart was later heard on the body camera's audio saying he didn't believe the woman was in labor; a public defender representing her told Kentucky Public Radio that she had in fact given birth later that day and the family was living in a shelter while waiting for a January trial date regarding her citation.
The upcoming trial and the video underscore "both the absurdity and cruelty of anti-camping laws in KY and those cropping up nationwide," said Jesse Rabinowitz of the National Homelessness Law Center. "This is an extreme incident, but unfortunately, it is not an isolated one. Instead of addressing the cause of homelessness—the fact that more and more people struggle to afford rent—politicians are passing laws that kick people when they are down and make homelessness worse. The solution to homelessness is housing and help, not tickets or fines."
The U.S. Supreme Court ruled in July that officials can ban sleeping and camping in public places. Since then, said Rabinowitz, nearly 150 cities across the U.S. have passed anti-camping bills.
The video was also publicized days after Republican elected officials celebrated "the person who murdered Jordan Neely, a homeless New Yorker," said Rabinowitz. "And [President-elect] Donald Trump and his billionaire cronies want to round up homeless people and put them in detention camps. All of these things make homelessness worse."
Shameka Parrish-Wright, director of advocacy group VOCAL-KY, said that "the disregard and disrespect of these two lives is the direct result of the so-called 'Safer Kentucky Act' that was enacted this year."
"People experiencing homelessness are fighting for their lives across the country and right here in Louisville. Investing in immediate, affordable housing and healthcare is the only way to stop this from happening again—not by handing out more tickets that won't house a single person," said Parrish-Wright. "Shame on the politicians who paved the way for this tragedy.”
"If politicians actually cared about homeless Kentuckians," she added, "they would focus on getting them the housing and support they need."
"The only reason she is not with us is because of Donald Trump, Greg Abbott, and every single Republican politician who helped put Texas' abortion ban in place," said one advocacy group.
Friends and family of Porsha Ngumezi, a 35-year-old mother of two in Houston, were stunned last year to learn that she had died in a hospital after suffering a miscarriage when she was 11 weeks pregnant—and medical experts who spoke to the investigative outlet ProPublicaon Monday had the same reaction.
"All she needed was a [dilation and curettage]," one friend told Ngumezi's grieving husband, Hope Ngumezi, referring to a standard procedure which is often given to pregnant patients who have first-trimester miscarriages. Commonly called a D&C, it is also diagnose or treat other health conditions and provide abortion care.
Dr. Daniel Grossman, an obstetrics and gynecology professor at University of California, San Francisco, toldProPublica that "at every point" of Ngumezi's visit to Houston Methodist Sugar Land, a hospital outside Houston, medical providers' response to her case was "kind of shocking."
"She is having significant blood loss and the physician didn't move toward aspiration," Grossman told ProPublica.
Like at least two other Texas women—Nevaeh Crain and Josseli Barnica—Ngumezi's death in June 2023 was the result of the abortion ban that went into effect in Texas in 2022, according to medical experts who reviewed her case.
Ngumezi arrived at the hospital on June 11, 2023 after experiencing heavy bleeding 11 weeks into her pregnancy with her third child. Doctors noted that Ngumezi had a blood-clotting disorder and that she was experiencing "significant bleeding" with large clots.
"Doctors assume that a D&C is not standard in Texas anymore, even in cases where it should be recommended. People are afraid: They see D&C as abortion and abortion as illegal."
An ultrasound showed a "sac-like structure," but no fetus or cardiac activity were detected, indicating that she was having a miscarriage.
But instead of providing a D&C, in which a small tube is inserted into the uterus to gently remove any remaining fetal tissue, doctors took a "wait-and-see approach [that] has become more common under abortion bans," according to the medical experts who spoke to ProPublica.
Dr. Gabrielle Taper, who has worked as an OB-GYN in Austin, told ProPublica that since Texas' abortion ban went into effect in 2022—two months after the right-wing majority on the U.S. Supreme Court overturned Roe v. Wade—there has been "much more hesitation [among doctors] about: When can we intervene, do we have enough evidence to say this is a miscarriage, how long are we going to wait, what will we use to feel definitive?"
For Ngumezi, that hesitation meant that Dr. Andrew Ryan Davis, the obstetrician on duty, prescribed misoprostol to help Ngumezi pass the fetal tissue without a D&C.
Dr. Alison Goulding, another OB-GYN in Houston, told ProPublica that because misoprostol can also be used for women in labor or to treat postpartum bleeding, under Texas' abortion ban, "stigma and fear are there for D&Cs in a way that they are not for misoprostol."
"Doctors assume that a D&C is not standard in Texas anymore, even in cases where it should be recommended," Goulding said. "People are afraid: They see D&C as abortion and abortion as illegal."
But more than a dozen doctors told ProPublica that considering Ngumezi's blood-clotting disorder, doctors should have provided a D&C.
"Misoprostol," reported ProPublica, "is an effective method to complete low-risk miscarriages but is not recommended when a patient is unstable."
Some critics who support abortion bans have dismissed Ngumezi's case—and that of other women who have died because of the laws—as the result of medical malpractice that had nothing to do with recently passed state laws. They claim Texas' law protects women who have miscarriages.
But ProPublica noted that Ngumezi had a similar case to one described on social media by podcast host Ryan Hamilton earlier this year. Hamilton's wife experienced bleeding while miscarrying at 13 weeks, and was prescribed misoprostol and sent home after an ultrasound at Surepoint Emergency Center Stephenville showed no fetal cardiac activity. The bleeding got worse, but an emergency doctor told the couple they couldn't provide a D&C because of "the current stance" in Texas.
Greer Donley, a law professor at University of Pittsburgh, said that "the antiabortion movement wants us to blame the doctors and sometimes that is warranted. But abortion bans are the ultimate cause of this harm."
"When life in prison is the penalty for violating a ban, doctors will understandably be risk averse. And that chill in care will cause death," said Donley.
ProPublica reported that "performing a D&C attracts more attention from colleagues, creating a higher barrier in a state where abortion is illegal."
Doctors, added Goulding, "have to convince everyone that it is legal and won't put them at risk [of prosecution]."
In Ngumezi's case, the bleeding continued after she took misoprostol, and her heart stopped three hours later—a "preventable" death, according to the experts.
"The only reason" Ngumezi died, said Reproductive Justice for All, is that Republican politicians including President-elect Donald Trump helped put Texas' abortion ban in place.
"We are heartbroken and enraged by the tragic, preventable death of Porsha Ngumezi," said Planned Parenthood Texas Votes. "This nightmare reality, where political agendas outweigh patients' lives, has left another family shattered."
"The Dobbs decision emboldened prosecutors to develop ever more aggressive strategies to prosecute pregnancy, leading to the most pregnancy-related criminal cases on record."
Reproductive justice experts have long warned that the erosion of abortion rights in the U.S. would harm people in a wide range of ways, and a report released Tuesday quantifies some of that harm—namely, the criminalization of pregnancy.
In the report, Pregnancy as a Crime: A Preliminary Report on the First Year After Dobbs, the rights group Pregnancy Justice found that from June 24, 2022—the day the Supreme Court handed down the Dobbs v. Jackson Women's Health Organization, the ruling that overturned Roe v. Wade—to June 23, 2022, the number of people who faced criminal charges related to their pregnancies rose to its highest level in U.S. history.
At least 210 people were charged with crimes related to pregnancy in the first year after Roe was overturned, with prosecutors accusing them of child endangerment, substance abuse, attempting to end a pregnancy—or even researching abortion—and abuse of a corpse, among other charges. Right-wing lawmakers in 22 states have now banned or severely restricted access to abortion.
According to Pregnancy Justice president Lourdes A. Rivera, "the Dobbs decision emboldened prosecutors to develop ever more aggressive strategies to prosecute pregnancy, leading to the most pregnancy-related criminal cases on record" in a single year.
The rise in pregnancy criminalization "is directly tied to the radical legal doctrine of 'fetal personhood,' which grants full legal rights to an embryo or fetus, turning them into victims of crimes perpetrated by pregnant women," added Rivera.
Roughly half of the cases detailed in Pregnancy as a Crime—104 of them—were reported in Alabama, one of several Republican-controlled states that have so-called "fetal personhood laws."
"Without fetal personhood, pregnancy criminalization could not exist," reads the report.
Prosecutors in Oklahoma filed 68 of the cases, and South Carolina had the third-most charges with 10 pregnant people criminalized.
All three states with the highest numbers of cases have near-total abortion bans and some of the worst maternal and infant mortality rates in the U.S., according to Pregnancy Justice.
"To turn the tide on criminalization, we need to separate healthcare from the criminal legal system and to change policy and practices to ensure that pregnant people can safely access the healthcare they need, without fear of criminalization."
In nearly all of the cases brought against pregnant people, actual harm to a fetus or baby did not have to be proven—prosecutors focused only on the perceived risk that the defendants allegedly exposed their pregnancies to.
For example, all 68 defendants in Oklahoma were charged with child neglect, delinquency, or abuse for testing positive for a substance while pregnant or giving birth.
"Defendants can be found guilty even if the pregnancy results in a healthy child and even when the science does not support the
assumption that a positive drug test proves the fetus was harmed," reads the report.
Such "no harm" prosecutions can result in severe punishment for defendants, said Pregnancy Justice; the Oklahoma residents who were charged face sentences up to life in prison if found guilty, and 93 Alabama defendants who were charged with chemical endangerment of a minor could face up to 10 years in prison.
"These findings strongly suggest that, rather than focusing on fetal harm, these prosecutions seek to control and punish pregnant people," said Pregnancy Justice.
Substance abuse charges—for both legal and illegal substances—were involved in a majority of cases studied by the group, while five cases included allegations regarding abortion care, including an attempt to end a pregnancy or to research the possibility of an abortion.
Twenty-two people were criminalized for experiencing a pregnancy loss, said Pregnancy Justice.
Charging documents included 15 allegations of "lack of prenatal care" and 10 cases in which the defendant failed "to seek help during or after birth." Three people were accused of breastfeeding and placing their infant at risk of drug exposure.
"The allegations in these cases are particularly notable for the way that they criminalize precarious pregnancy and birth and meet healthcare needs with punishment rather than care," reads the report. "It is also noteworthy that several women who appear to have faced serious health conditions, devastating pregnancy losses, and enormous trauma, were met not with offers of care but threatened with punishment for finding themselves in allegedly dangerous situations or allegedly not seeking help quickly enough in traumatic moments. Striking, too, in the midst of a wide-ranging crisis in maternal healthcare, is the condemnation of pregnant people for not accessing prenatal care."
In one case, police charged a woman with abusing her "unborn child" just after they administered Narcan to save her from a drug overdose.
Criminalization of pregnancy, said Pregnancy Justice, "only worsens" the crisis of opioid-related deaths among pregnant people.
Rivera said that "to turn the tide on criminalization, we need to separate healthcare from the criminal legal system and to change policy and practices to ensure that pregnant people can safely access the healthcare they need, without fear of criminalization."
The report was released a day after KFF Health Newsreported on the story of Amari Marsh, a South Carolina resident who was charged in May of 2023 with "murder/homicide by child abuse," two months after she went into preterm labor and gave birth in her bathroom. Marsh spent 22 days in prison—and faced a potential sentence of 20 years to life—but her charges were ultimately dismissed by a grand jury.
Marsh's case, and other instances of pregnancy criminalization, represent Republican presidential candidate Donald Trump's "plan for America," said Rep. Katherine Clark (D-Mass.) on Tuesday. Trump has boasted about his hand in ensuring Roe v. Wade was overturned and spread misinformation about abortion rights, including the demonstrably false claim that Democrats support "an execution of a baby after birth."
The Dobbs decision, made possible by Trump's appointment of right-wing Supreme Court justices, paved the way for "increased suspicion and surveillance of pregnant people," said Wendy Bach, principal investigator of the report and a professor at the University of Tennessee College of Law. "With this report, we hope to see both more attention on pregnancy-related prosecutions and more advocacy to reverse course on the criminalization of pregnant people."
Correction: This article has been adjusted from its original to more accurately reflect context surrounding a comment from Pregnancy Justice president Lourdes A. Rivera.