The Miserable State of Pregnancy and Abortion Access Inside America’s Carceral System: A Content Analysis

• In Event: A Collection of Systematic Content Analyses of Constitutional Criminal Procedure Issues

Abstract

The Supreme Court’s decision in Roe v. Wade (1973) protected women’s rights to abortion, however, women inside America’s prisons and jails face unique challenges to reproductive healthcare that threatens their 14th Amendment rights and may qualify as cruel and unusual punishment under the 8th Amendment. This paper examines the lived experiences of incarcerated women and the state of reproductive health care in America’s criminal justice system during the years between the Roe v. Wade (1973) and Dobbs v. Jackson (2022) Supreme Court decisions. A content analysis of legal cases from a legal source database produced significant findings suggesting repeated violations of incarcerated women’s 8th and 14th Amendments. Restrictive administrative policies, security concerns, officer bias, and outright denial of medical attention pose barriers to women receiving reproductive healthcare. Findings from this study indicate that the United States is in a state of emergency in providing women adequate prenatal care and access to abortion. The paper concludes by discussing the adverse implications of the Dobbs v. Jackson decision (2022) and a call to action to protect women inside.

Author

• Margaret Wood, Arizona State University