In a shocking turn of events, a 33-year-old Ohio woman named Brittany Watts found herself at the center of a national firestorm over the treatment of pregnant women, particularly Black women, in the aftermath of the U.S. Supreme Court's decision to overturn Roe v. Wade. Watts, who was 21 weeks and 5 days pregnant, began experiencing heavy bleeding and sought medical help. The doctor informed her that her water had broken prematurely and that the fetus would not survive. He advised her to go to the hospital to have her labor induced, essentially performing an abortion to deliver the nonviable fetus.

Watts made multiple trips to the hospital over the course of three days, during which she miscarried into her toilet at home. Unbeknownst to her, her actions would lead to a police investigation and her being charged with abuse of a corpse, a fifth-degree felony that carries a potential sentence of up to a year in prison and a $2,500 fine. The case has ignited a national debate over whether abortion-seekers should face criminal charges, particularly in the wake of the Dobbs v. Jackson Women's Health Organization decision.

Civil rights attorney Benjamin Crump brought Watts' case to public attention through a post on X (formerly Twitter), and a GoFundMe campaign has raised over $100,000 for her legal defense, medical bills, and trauma counseling. Watts' situation is not unique, as pregnant women, especially Black and brown women, have long been disproportionately targeted by efforts to criminalize their pregnancies. Even before Roe v. Wade was overturned, studies showed that Black women seeking prenatal care were 10 times more likely than white women to have child protective services and law enforcement called on them, even when their cases were similar.

The current climate post-Dobbs has created a "wild, wild West" scenario, according to Michele Goodwin, a law professor at the University of California, Irvine. District attorneys and prosecutors are flexing their muscles to demonstrate their vigilance and willingness to prosecute women who violate state legislatures' abortion restrictions. Black women are often the first to experience this hyper-vigilant type of policing, making them the "canaries in the coal mine" for what other women might face in terms of healthcare, law enforcement, and court treatment now that abortion is no longer federally protected.

In Ohio, at the time of Watts' miscarriage, abortion was legal through 21 weeks and six days of pregnancy. However, the delay in her receiving care at Mercy Health-St. Joseph's Hospital was due to the hospital's deliberation over the legalities of her situation. This hesitation highlights the impact of Dobbs on healthcare providers, who now face potential criminal liability and therefore tend to err on the side of conservatism.

Warren Assistant Prosecutor Lewis Guarnieri argued that Watts committed a crime by leaving her home after miscarrying and leaving the clogged toilet with the fetus inside. However, Watts' lawyer, Traci Timko, emphasized that Watts was scared, anxious, and traumatized and was trying to protect her mother. Timko pointed out that Watts did not want to fish the dead fetus out of the bloody, tissue-filled toilet.

As the case moves forward, it raises questions about the legal status of the fetus and the interpretation of Ohio's abuse-of-corpse statute. Watts' lawyer argues that the statute is vague and questions whether a fetus can be considered a corpse if it never took a breath. The case's outcome could have far-reaching implications for the rights of pregnant individuals and the way miscarriages are perceived and treated by the legal system.

In the end, the complexities of Watts' case highlight the urgent need for clarity regarding what constitutes a crime when it comes to miscarriages. Grace Howard, an assistant professor at San Jose State University, emphasizes that Watts' miscarriage was entirely ordinary and that expecting individuals to collect and bring used menstrual products to hospitals for verification is both ridiculous and invasive. The impact of cases like Watts' extends beyond individual circumstances and has significant implications for the rights and dignity of people with the capacity for pregnancy.