ON A HUMID morning in early October, Brittney Poolaw sat in an Oklahoma courtroom waiting on a verdict. Instead of the jail uniform she'd donned for the past 18 months, she wore a yellow-and-white blouse with loose short sleeves. After less than three hours of deliberation, the jury returned with its decision: Poolaw was guilty of first-degree manslaughter. She was sentenced to four years behind bars.
But Poolaw, a 21-year-old and a member of the Wichita and Affiliated Tribes, had not driven recklessly or shot a gun. She'd had a miscarriage.
Poolaw will not be the last woman sent to prison for accidentally losing a pregnancy. Indeed, the leaked Supreme Court draft opinion overturning Roe v. Wade suggests that cases like Poolaw's will soon become more common.
That's because, as Dana Sussman, acting executive director of the National Advocates for Pregnant Women, says, "not only did Roe v. Wade establish that there's a constitutional right to abortion, it also rejected the idea that fetuses are people under the Constitution." The opinion, written by Justice Samuel Alito, is steeped in language that paints fetuses-at any stage of development-as people. And when we lend credence to the idea of fetal personhood, it creates "a situation in which, when there is perceived harm to a fetus, it can be a victim of a crime. You can't add fetuses to the community of individuals who are entitled to constitutional rights without diminishing the rights of the person carrying that fetus," Sussman says.
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
WHEN IN DROUGHT
This obscure yet adaptable grain could be a healthy staple for a warming planet.
GLOBAL WARNING
Why Project 2025 is an environmental catastrophe in the making
BAD HABITS
A spate of recent horror movies recycle tired tropes about nuns-and reveal society's ongoing discomfort with independent women.
Taking the Fifth For a glimpse of the Supreme Court after a second Trump term, look at the radical circuit court that's already driving America to the right.
Imagine obamacare is dead and millions of Americans have lost health coverage.
THE ARCHITECT
TRUMP WANTS TO BE KING. RUSS VOUGHT HAS A PLAN TO MAKE IT HAPPEN.
Losing Faith
As an evangelical leader, I enticed lawmakers and federal judges to adopt a conservative Christian agenda. Donald Trump’s rise proved how wrong I was.
GOD'S COUNTRY
These Christian nationalists have a plan to take over Americafrom small towns to the highest court in the land.
IN THE NAME OF THE MOTHER
How Shyamala Gopalan Harris raised a presidential contender
KILL THE MESSENGER
The anti-disinformation field is retreating under attack.
TRUMPNESIA
To get a second chance, Trump needs voters to forget his disastrous presidency.