The Implications of Overturning Roe v. Wade on Miscarriages in Red States

The decision to overturn Roe v. Wade by the United States Supreme Court could have far-reaching consequences, particularly for women in red states. This article explores how such a decision might affect the legal landscape, specifically in cases where women experience miscarriages.

Legal Scrutiny and Encouragement of Suspicion

Even with Roe v. Wade in place, there have been instances where women have been charged with murder following miscarriages. This unsettling reality suggests that if the decision to overturn the landmark case is made, legal scrutiny and suspicion will only intensify. Doctors may even coerce patients with threats, such as

The Complexity of Proving Miscarriages as Abortions

Supporters of overturning Roe v. Wade might argue that, given the complexity of distinguishing between miscarriages and abortions, legal scrutiny is necessary. However, the reality is that in 999 out of 1,000 cases, law enforcement or prosecution are unlikely to take place, even if it were technically allowed. There would need to be compelling evidence to even interest a prosecutor in pursuing such a case.

State Laws and Regulatory Authority

State laws typically focus on the authority to regulate medical procedures and protect the medical profession. They do not typically cover private individuals. For instance, a licensed medical professional who performs an abortion outside the terms of their license could lose their license and possibly face prosecution. Similarly, any unlicensed person performing an abortion could be charged with practicing medicine without a license, along with other related charges. Inducing a miscarriage at home remains within the realm of privacy and outside state regulatory authority.

Prosecution of Women for Miscarriages

There is a very strong likelihood that women in red states may face legal scrutiny for miscarriages. In some states, every miscarriage could be presumed to be illegally self-induced and considered a crime. This means that women who experience miscarriages will be presumed guilty until proven innocent. The pressure and potential legal ramifications for women in these states would be significant.

Some argue that the fear of prosecution might lead to a decrease in the number of sexual activities, as people in red states become more cautious. However, if a woman claims that she had an abortion in another state where it is legal and provides legal documentation, law enforcement would have no power to prosecute her.

Conclusion: Cyber-Framing and Future Concerns

The potential impact of overturning Roe v. Wade on women in red states, particularly in cases of miscarriages, is concerning. Legal scrutiny and potential prosecution present significant risks to the rights and protections of women. As the debate continues, it is essential to advocate for comprehensive and compassionate healthcare policies that prioritize the safety and autonomy of all individuals, regardless of their location or circumstances.

Keywords: Roe v. Wade, miscarriages, legal scrutiny, Red states, abortion