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The Conversation
The Conversation
Politics
Wendy Bach, Professor of Law, University of Tennessee

More states will now limit abortion, but they have long used laws to govern – and sometimes jail – pregnant women

Activists protest for the end of shackling pregnant women during birth in prison in New York in 2015. Yanina Manolova/Associated Press

It’s clear that the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization will make it harder for women to get an abortion across much of the United States. But there are other kinds of laws – not related to abortion – that already control the decisions women make during pregnancy.

In this scenario, a state concludes a pregnant woman’s conduct, mostly related to substance use, might harm the fetus they are carrying. These women are then forced into mandatory treatment or jail. Most of the women affected by these laws are poor, and disproportionately Black or Latina.

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