“There is anecdotal evidence to suggest that pregnant women in Alabama, aware that they may be arrested and their medical records subpoenaed if they or their babies test positive for drugs, may be changing their behavior — although not necessarily as some prosecutors hoped. Carmen Howell, a defense lawyer in Enterprise, says she knows of one woman who drove to Georgia when she went into labor and another who gave birth to a three-pound baby in a bathtub at home. She is concerned that women who use drugs may also be having abortions to avoid prosecution. This law, she says, “is a deterrent to choosing life.”
—Ada Calhoun’s “The Criminalization of Bad Mothers” (Apr 2012)