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Many Americans assume that the criminalization of pregnancy is limited to red states with aggressive anti-abortion prosecutors and draconian bans on reproductive health care. But it isn’t. In reality, prosecutors in blue states have also deployed the concept of “fetal personhood” to punish women for their pregnancy outcomes. When women experience a miscarriage or stillbirth, they are vulnerable to investigation and arrest if the state suspects they had an unlawful hand in their pregnancy loss. And even in deeply Democratic states, these probes can lead to severe criminal charges, including first-degree murder.

In this week’s episode of Amicus , Mark Joseph Stern

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