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State-Created Fetal Harm
The Georgetown Law Journal  (IF2.481),  Pub Date : 2021-02-01, DOI:
Meghan Boone, Benjamin J. McMichael

Half a century of state-level restrictions on abortion access might cause a casual observer to conclude that state governments have a long-standing commitment to protecting fetal life. And yet, over the last several decades, state governments and local law enforcement are increasingly taking steps that actively undermine fetal health. Through the passage of state fetal endangerment laws and the prosecution of pregnant women under stretched interpretations of existing criminal laws, states are actively creating conditions that result in poorer fetal health outcomes—including an increase in fetal and infant death.