Reproductive Justice

An important work documenting how the criminal justice system polices women's reproductive capacity. The intense policing of women's reproductive capacity places women's health and human rights in great peril. Poor women are pressured to undergo sterilization. Women addicted to illicit drugs risk arrest for carrying their pregnancies to term. Courts, child welfare, and law enforcement agencies fail to recognize the efforts of battered and incarcerated women to care for their children. Pregnant inmates are subject to inhumane practices such as shackling during labor and poor prenatal care. And decades after Roe, the criminalization of certain procedures and regulation of abortion providers still obstruct women's access to safe and private abortions. In this important work, Jeanne Flavin looks beyond abortion to document how the law and the criminal justice system police women's rights to conceive, to be pregnant, and to raise their children. Through vivid and disturbing case studies, Flavin shows how the state seeks to establish what a "good woman" and "fit mother" should look like and whose reproduction is valued.

Policing the Womb brings to life the chilling ways in which women have become the targets of secretive state surveillance of their pregnancies. Michele Goodwin expands the reproductive health and rights debate beyond abortion to include how legislators increasingly turn to criminalizing women for miscarriages, stillbirths, and threatening the health of their pregnancies. The horrific results include women giving birth while shackled in leg irons, in solitary confinement, and even delivering in prison toilets. In some states, pregnancy has become a bargaining chip with prosecutors offering reduced sentences in exchange for women agreeing to be sterilized. The author shows how prosecutors may abuse laws and infringe women's rights in the process, sometimes with the complicity of medical providers who disclose private patient information to law enforcement. Often the women most affected are poor and of color. This timely book brings to light how the unrestrained efforts to punish and police women's bodies have led to the United States being the deadliest country in the developed world to be pregnant.

Leslie J. Reagan's study is the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with Roe v. Wade in 1973. Although illegal, millions of abortions were provided during these years to women of every class, race, and marital status. The experiences and perspectives of these women, as well as their physicians and midwives, are movingly portrayed here. Reagan traces the practice and policing of abortion. While abortions have been typically portrayed as grim "back alley" operations, she finds that abortion providers often practiced openly and safely. Moreover, numerous physicians performed abortions, despite prohibitions by the state and the American Medical Association. Women often found cooperative practioners, but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion again under attack in the United States, this book offers vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.