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Investigating Fetal Personhood Laws and Pregnancy Criminalization Post-Dobbs

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Investigating Fetal Personhood Laws and Pregnancy Criminalization Post-Dobbs

The 2022 Dobbs v. Jackson Women’s Health Supreme Court ruling not only revoked federal abortion protections but also catalyzed an expanded discourse on fetal personhood. This paradigm shift has profound implications, particularly regarding the criminalization of pregnancy. Our research aims to understand how fetal personhood statutes influence the frequency and circumstances of pregnancy-related criminalization.

The 2022 Dobbs v. Jackson Women’s Health Supreme Court ruling not only revoked federal abortion protections but also catalyzed an expanded discourse on fetal personhood. This paradigm shift has profound implications, particularly regarding the criminalization of pregnancy in the post-Dobbs era. Our Birkelund application seeks funding to examine this intersection. Traditionally, pregnancy criminalization, often tied to drug enforcement policies, has disproportionately impacted marginalized groups. Our research aims to understand how fetal personhood statutes influence the frequency and circumstances of pregnancy-related criminalization.

Through the Pregnancy Criminalization Database, we will systematically analyze incidents since Dobbs, exploring trends, demographic patterns, legal frameworks, and punitive measures. Our methodology includes archival research, interviews with legal experts and advocates, and comprehensive data collection from various sources.By fostering research networks and policy discussions, we aim to engage stakeholders and advance advocacy efforts. 

This project is generously funded by the Birkelund Fund through the Watson Institute for International and Public Affairs.

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Investigating Fetal Personhood Laws and Pregnancy Criminalization Post-Dobbs