In the wake of the Supreme Court's decision to overturn Roe v. Wade, a troubling trend has emerged: a record number of women are facing criminal charges related to their pregnancies. In the first year following the ruling, 200 women were charged for actions connected to pregnancy, abortion, or birth, as prosecutors adopted more aggressive legal strategies. This shift has raised concerns about the implications for women's rights and health.

One poignant case is that of Lauren Smith from South Carolina, who, after giving birth to her daughter Audrey in 2019, was blindsided when a caseworker informed her that her baby would not be going home with her. A urine drug screen, taken without her consent, revealed marijuana use during her pregnancy, leading to felony child neglect charges. Despite passing multiple drug tests and attending parenting classes, Smith has yet to regain custody of her daughter and faces a trial that could result in a decade-long prison sentence.

Experts, including law professor Michelle Goodwin, highlight the legal concept of fetal personhood, which has gained traction in various states. This doctrine grants legal rights to fetuses, allowing for the prosecution of women for perceived negligence during pregnancy. Goodwin notes that this legal framework can lead to severe consequences for women, including criminal charges for actions that may not have directly harmed their pregnancies.

The emotional toll on women like Smith is profound. She describes the strain on her family and the lasting impact of her legal battles. Medical professionals warn that separating mothers from their children can cause lifelong trauma, undermining the maternal bond and potentially leading to developmental issues for the child.

South Carolina state representative John McCravie, a proponent of anti-abortion legislation, argues that such laws serve as deterrents to drug use among pregnant women. However, critics contend that these measures disproportionately target vulnerable women and do not effectively protect children.

As the legal landscape continues to evolve, the experiences of women like Lauren Smith underscore the urgent need for a reevaluation of how pregnancy-related issues are addressed within the justice system. The ongoing scrutiny of pregnant women raises critical questions about autonomy, health care access, and the role of the state in personal health decisions.