I am saddened and frustrated to be writing yet again about another attack on women’s reproductive rights. But this story, and the dangerous precedent it sets, cannot be ignored. Last year, Brittney Poolaw suffered a miscarriage and sought treatment at a local hospital in her home state of Oklahoma. A few days later, she was charged with first degree manslaughter. She could not afford the $20,000 bail and spent one year in prison awaiting trial. 

Her miscarriage—a traumatic event, in and of itself—occurred at 17 weeks, before viability. In fact, she could have legally obtained an abortion. Under Oklahoma law, murder and manslaughter charges do not apply to miscarriages before 20 weeks. Although methamphetamine was found in the fetus, the medical examiner’s report lists the cause of death as intrauterine fetal demise. It also lists half a dozen other things as contributing to (but not causing) the miscarriage, including an infection and a congenital abnormality. Nonetheless, this month Brittney was convicted of manslaughter and sentenced to four years in prison.

This outcome is a direct attack on women’s rights. Holding women criminally responsible for miscarriages sets a dangerous precedent and discourages women from seeking medical care. 

Vice President and then-Senator Kamala Harris famously asked then-U.S. Court of Appeals Judge for the D.C. Circuit Brett Kavanaugh during his Supreme Court confirmation hearing: "Can you think of any laws that give the government the power to make decisions about the male body?" He replied that he could not. Women will not be equal until they can make decisions about their own bodies and do not risk criminal prosecution for a bad pregnancy outcome. 

Lawyers Club will persist in its advocacy for reproductive justice. Join us on November 18, 2021 for “The Road Forward for Roe,” presented by the Advocacy and Reproductive Justice Committee.