The future of Roe v. Wade remains up in the air following the draft leak that would overturn legalized abortion nationwide. In an op-ed in the Washington Post, columnist Radley Balko claims that women will be punished for miscarrying pregnancies.
Balko adds it "stands to reason" that states which outlaw abortion and have fetal homicide laws could examine and charge women who have 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," Balko wrote.
"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,"
Furthermore, Balko adds that women of color and those who are at a disadvantage economically are going to be the ones who will take the brunt of this law.
"Their lifestyles and decisions will be scrutinized. They'll be prosecuted for things such as addiction, malnutrition, or failing to seek medical care," Balko wrote.
"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."
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