On behalf of Pregnancy Justice, staff attorney Emma Roth, submitted a comment to the U.S. Department of Health and Human Services (HHS) in response to a proposed rule to strengthen reproductive health care privacy under the Health Insurance Portability and Accountability Act (HIPAA).

Drawing on Pregnancy Justice's work for over twenty years on cases where the state has intervened in the medical decision making of a pregnant person or the prosecution of them or their family on the basis of perceived risk of fetal harm, the comment recognizes that the proposed rule is an important step in the right direction for safeguarding reproductive health care privacy.

After the 1973 Roe decision, anti-abortion groups responded with a strategic plan to reverse the decision and recriminalize abortion through laws that seek to codify the belief that life begins at conception. Some of these criminal statutes create a new crime for causing a pregnancy loss by injuring a pregnant person, and others expand the definitions of "person" or "another" to include zygotes, embryos, and fetuses under existing criminal codes for murder, manslaughter, or related charges.

Pregnancy Justice, in coalition with other reproductive justice organizations and allies, submitted comments to the U.S. Department of Health and Human Services (HHS) in response to a proposed rule to strengthen reproductive health care privacy under the Health Insurance Portability and Accountability Act (HIPAA).

The comments recognize that the proposed rule is an important step in the right direction for safeguarding reproductive health care information.

For immediate release (updated October 2022)
Contact: media@pregnancyjusticeus.org

NEW YORK — After Pregnancy Justice learned that the Etowah County, Alabama, District Attorney was imposing unconstitutional bond conditions on all pregnant women and new mothers charged with "chemical endangerment of a child" and filed habeas petitions on behalf of two clients, a new policy is now in effect that will result in fewer indefinite and unlawful detentions.

After suffering setbacks, the fetal personhood movement has gained support. The theory of a fetus as a legal person has become the framework of anti-abortion states and was highlighted in Justice Alito's majority opinion in Dobbs, creating a path for a fetal right to life argument under the Due Process Clause of the Fifth and Fourteenth Amendments.

Based on misinformation that frequently appears in the media, many people believe that pregnant people who use any amount of a criminalized drug or alcohol will inevitably harm or even kill their fetus. But media hype is not the same as science, and popular news reports have misrepresented the facts about prenatal exposure to drugs.

We submitted written testimony at the request of the Senate Judiciary Committee as part of their July, 2022 hearing, "A Post-Roe America: The Legal Consequences of the Dobbs Decision." Our testimony covers the devastating impact of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade.

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In the wake of the Supreme Court’s ruling eviscerating the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, it is more critical than ever that health care providers safeguard patients’ right to medical privacy.

June 23, 2022

As we await the anticipated fall of Roe and the subsequent loss of the constitutionally protected right to abortion, Pregnancy Justice today launched a first-of-its-kind, multidisciplinary guide to arm professionals with the tools and resources to reject the criminalization of pregnant people and their pregnancy outcomes — Confronting Pregnancy Criminalization: A Practical Guide for Healthcare Providers, Lawyers, Medical Examiners, Child Welfare Workers, and Policymakers.

People parent. People use drugs. People parent and use drugs. Despite how common this is, parenting and drug use is highly stigmatized, rarely talked about, and punishable by the state within both the criminal and family legal systems. But, we know that not all parents are faced with family separation and criminalization.