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In a Post-Roe World, More Miscarriage and Stillbirth Prosecutions Await Women

  • Advocacy group says 1,300 women prosecuted from 2006-2020
  • After ruling, enforcement falls to state, local prosecutors
Abortion-rights advocates hold signs during a protest in support of Lizelle Herrera in Los Angeles, on April 14.
Abortion-rights advocates hold signs during a protest in support of Lizelle Herrera in Los Angeles, on April 14.Photographer: Jae C. Hong/AP Photo

In Texas, 26-year-old Lizelle Herrera was arrested and charged with murder for self-induced abortion. In California, 29-year-old Adora Perez served four years in prison after giving birth to a stillborn son. And in Mississippi, Latice Fisher was jailed after losing her baby at 36 weeks after police found she’d searched for abortion information online.

Even before the toppling of Roe v. Wade, the prosecution of women suspected of purposefully or accidentally ending a pregnancy was on the rise. There has been a movement to use state laws on child endangerment, feticide or murder to arrest women whose pregnancies ended prematurely, reproductive rights lawyers say, and it may be a harbinger of what’s to come.