From the Workplace to the Delivery Room: Protecting the Fetus in the Post-Roe Era

Abstract

Employers and state officials are increasingly intervening into the lives of pregnant women for the purpose of protecting the fetus. This article examines fetal protection policies in three contexts: the workplace, the criminal arena, and the medical setting. It shows that the Supreme Court's recent decision in Johnson Controls was a narrow victory for women workers who were forced to comply with fetal protection policies in the workplace. It also points out that the Court's abortion decisions raise questions about whether the state can restrict women's job opportunities in order to protect the fetus. Finally, the article describes how state officials have intervened in women's lives to ensure fetal health and identifies some policy measures that might reduce the need for state intervention to protect the fetus.