Hundreds Face Criminal Charges Over Pregnancy Outcomes Since Dobbs Ruling
A new report shows that prosecutors have launched at least 902 cases related to pregnancy, drug use, or loss in the three years after the Supreme Court overturned Roe v. Wade.
Pregnancy Justice released a report indicating that, in the three years following the Supreme Court's Dobbs decision, prosecutors initiated at least 902 criminal cases tied to pregnancy outcomes, drug use, or prenatal neglect. Of these, 871 alleged substance use, 77 cited lack of prenatal care, and only 13 involved abortion-related conduct. The majority of cases are clustered in Alabama, South Carolina and Oklahoma, states whose supreme courts have extended child-abuse protections to fetuses.
Historically, Black women bore the brunt of such prosecutions, but one outlet data show a shift toward poor white women. Analysts attribute the pattern to decades-old drug-war legislation and emerging fetal personhood laws, rather than solely to the overturning of Roe. The report also notes a rise in prosecutions for pregnancy loss, suggesting increased law-enforcement scrutiny where abortion is banned. Experts warn that the criminalization framework predates Dobbs and could expand as more states adopt fetal-personhood statutes.
