Weaponizing the Law to Punish People for Miscarriage

A legal system that recognizes fetal personhood punishes people for their pregnancy outcomes and strips them of their rights in the name of protecting the fetus. One striking recent example comes from Texas, where the state Supreme Court recently ruled that Kate Cox could not have an emergency, life-saving abortion. And in October, an Ohio woman was charged with a felony after her miscarriage.

Miscarriage is normal. Subjecting people who have miscarriages to criminal punishment is needlessly cruel, counterproductive, and relies on a legal understanding that pregnant people are a lesser class of person.

Doctors Say Texas’ Abortion Laws Cost a 37-Year-Old Mother Her Life, After 90 Doctors and Months of Crisis

Tierra Walker was just 37 years old when her son JJ, 14, found her lying facedown and unresponsive on her bed. As he desperately called 911, he cried, “I need you, I need you,” and tried his best to bring her back to life with CPR, following the instructions of the emergency operator. It was too late. He lost his mother and best friend on his birthday.

Walker died at 20 weeks pregnant after multiple ER trips and hospitalizations. She had been examined by 90 doctors, including 21 OB-GYNs, during the previous months. Yet not one of those 90 medical experts Walker met with ever suggested that she do the only thing that could have definitively saved her life—undergo an abortion to end the pregnancy.

One doctor interviewed for this story sums up the chilling stakes Walker faced as she pleaded with dozens of doctors for care as her condition spiraled. “It’s unfortunate she didn’t come upon a physician who was willing to stick their neck out,” despite the legal risks. In Texas, that’s exactly what it takes to keep a patient like Tierra Walker alive.

Dobbs Has Triggered Widespread Discrimination in Non-Reproductive Healthcare

In the years since Roe was overturned, physicians across a wide range of medical specialties have described how abortion bans are undermining their ability to follow evidence-based standards of care. Dermatologists, oncologists, neurologists, cardiologists and others told Physicians for Human Rights (PHR) that they are regularly forced to alter treatment plans, delay urgent care or avoid prescribing the most effective medications simply because those treatments could harm a pregnancy. These constraints are creating a chilling effect that reaches far beyond reproductive health and into the everyday practice of medicine.

As PHR’s Michele Heisler and Payal Shah explained, abortion bans are also fueling discriminatory care. Reproductive-age women are routinely denied the best available treatments, while men with the same conditions face no such barriers. Even within the group of reproductive-age women, clinicians are making decisions based on subjective judgments about a patient’s “contraceptive reliability”—a practice that opens the door to bias and disproportionately harms marginalized patients.

This two-tiered system of care is not hypothetical: It is already shaping medical decision-making in ban states, with dangerous consequences for patients’ health and lives.

‘Worse Than War’: A Texas Couple Was Forced to Flee the State for Essential Care—Twice

Hollie Cunningham’s family suffered incredible loss during two pregnancies. The mother of two was forced to flee Texas to get the care she needed, as she explains below in an interview with Courier Texas writer Bonnie Fuller.

“I didn’t really know about Texas’ abortion bans. I had always figured that if something were to go wrong with my pregnancy, my doctor would be able to do what she needed to take care of me.

The U.S. Built Wealth Off Enslaved Women and Girls: Michele Goodwin on the History of Reproductive Injustice

Goodwin, an expert in constitutional law and health policy, uncovers the reproductive health rights stories embedded in American history—and what they tell us about the future of our fight for reproductive freedom.

Listen to the second episode Ms. podcast, Looking Back, Moving Forward—”Inside the Feminist Fight to Reclaim Our Reproductive Freedom (with Renee Bracey Sherman, Michele Goodwin, Angie Jean-Marie and Amy Merrill, Susan Frietsche, and Gov. Maura Healey)”—on Spotify, Apple Podcasts or wherever you get your podcasts.

An Open Letter to Rep. Kat Cammack From a Medical Doctor: It’s Abortion Bans That Make Doctors Afraid to Act, Not ‘the Radical Left’

No woman may escape the cruelty of the nebulous and varying restrictions on reproductive healthcare in the post-Roe world—as Rep. Kat Cammack (R-Fla.) discovered in May 2024 when faced with a life-threatening ectopic pregnancy shortly after Florida’s six-week abortion ban took effect. Concerned by the lack of clarity in the wording of the law on the limits of intervention in pregnant patients, doctors reportedly delayed administering intramuscular methotrexate to terminate the pregnancy, out of fear of prosecution.

I’m a doctor. In this chaotic landscape, where reproductive healthcare policy and medical reality appear woefully divorced, my colleagues and I don’t know what misstep could land us in senseless litigation or with felony charges.

Rep. Cammack, your voice and your story have power. I hope you use them to reintroduce nuance and common sense to the discussion on women’s lives. There are many of us who will extend a hand across the aisle and work together with you to right some of the senseless wrongs. 

Texas’ SB 31 Could Loosen the State’s Abortion Ban in Life-Threatening Cases. Doctors Say It’s Still Not Enough.

Will a new bill in Texas stop the shocking number of deaths of pregnant women in the Lone Star State? That’s the hope of both Democratic and Republican supporters of SB 31, also known as the Life of the Mother Act. The bill is headed to the desk of Gov. Greg Abbott for signature and there is a strong expectation that he will sign it.

The goal of SB 31, which gathered broad bipartisan support, is to finally respond to the pressure to provide clarity about legal medical exceptions, allowing Texas doctors to perform lifesaving abortions and D&C (dilation and curettage) procedures on pregnant and miscarrying women in need of medical care. Supporters say they believe SB 31 will save the lives of pregnant women—yet many doctors still report uncertainty, and reproductive freedom advocates say the bill does not go far enough to address the loss of bodily autonomy suffered by women in the state.

Despite Pleas From Women and Doctors, Texas May Implement Even More Abortion Restrictions

Despite mounting evidence that Texas’ abortion bans are endangering women’s lives, Republican lawmakers are pushing for even stricter restrictions, including limits on essential abortion medications.

Legal challenges have failed to loosen the state’s near-total ban, leaving doctors fearful of prosecution and women suffering life-threatening complications. Cases like Amanda Zurawski’s near-fatal sepsis and Samantha Casiano’s forced pregnancy highlight the devastating impact of the law, yet the Texas Supreme Court has refused to clarify its vague medical exceptions. With no legal or citizen-led ballot initiatives available, advocates say the only path to restoring abortion rights in Texas is to vote out antiabortion legislators.