Kate Sheppard

Kate Sheppard

Reporter

Kate Sheppard is a staff reporter in Mother Jones' Washington bureau. She was previously the political reporter for Grist and a writing fellow at The American Prospect. She can be reached by email at ksheppard (at) motherjones (dot) com.

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Her work has also been featured in the New York Times' Room for Debate blog, the Guardian's Comment Is Free, Foreign Policy, High Country News, The Center for Public Integrity, the Washington Independent, Washington Spectator, Who Runs Gov, In These Times, and Bitch. She was raised on a vegetable farm in southern New Jersey (yes, they do exist), but has adapted well to life in the nation's capital. She misses trees and having a congressional representative with voting power, but thinks DC is pretty great anyway.

Pregnant? That Might Get You Arrested

| Wed Jan. 16, 2013 7:43 AM PST
woman handcuffed

Abortion continues to be a hot-button issue in the US, as dozens of states have passed measures to limit women's access to the procedure. But even women who want to be pregnant are not free of legal restraints on their bodies, as a new paper in the Journal of Health, Politics, Policy and Law demonstrates. In many instances, women have been arrested, institutionalized, or subjected to unwanted medical interventions due to their pregnancies.

The paper looks at 413 criminal and civil cases from 1973 to 2005 in which women were subject to legal action related to their unborn children. In all the cases, the women were deprived of their own civil liberties by legal authorities claiming to seek protection of the fetus. Many dealt with charges related to drug or alcohol use during pregnancy, refusing to follow doctor's orders, or for miscarriages that were blamed on their actions (even if there was little to no evidence to prove that those actions led to the miscarriage).

In a piece at RH Reality Check, the paper's authors detail some of the examples they found in their search of legal and public records, as well as media accounts. Here are just a few of them they include: 

  • A Louisiana woman was charged with murder and spent approximately a year in jail before her counsel was able to show that what was deemed a murder of a fetus or newborn was actually a miscarriage that resulted from medication given to her by a health care provider.
  • In Texas, a pregnant woman who sometimes smoked marijuana to ease nausea and boost her appetite gave birth to healthy twins. She was arrested for delivery of a controlled substance to a minor.
  • A doctor in Wisconsin had concerns about a woman's plans to have her birth attended by a midwife. As a result, a civil court order of protective custody for the woman's fetus was obtained. The order authorized the sheriff’s department to take the woman into custody, transport her to a hospital, and subject her to involuntary testing and medical treatment.

Fifty-two percent of the women in the cases they found  were African American. Seventy-one percent were likely low income, as they were represented by indigent defense in the legal case. Sixty-nine percent were under the age of 30, and 56 percent were in the South. And, lest you think these are mostly old cases, they found more than 25 in 2005, the last year included in the paper. The authors also said that, while not included in this research, they are aware of at least 250 cases since 2005.

"It's a system of law in which pregnant women are treated as an underclass."

The authors argue that the issues at play here are greater than reproductive choice, but about women's rights.

"What we saw was not just a limitation on abortion or reproductive rights, or even the deprivation of civil liberties, but the denial of pregnant woman of virtually every right," said Lynn M. Paltrow, the executive director of National Advocates for Pregnant Women and the lead author of the study in a call with reporters on Tuesday. "It's a system of law in which pregnant women are treated as an underclass."

They also note that many women were charged under state-level laws dealing with fetal homicide—or "feticide"—laws that were, in theory, designed to protect pregnant women from acts of violence and are now in place in 38 states. But rather than dealing with criminal acts against the women, they've been used to prosecute the women themselves.

Paltrow and coauthor Jeanne Flavin, a sociology professor at Fordham University, also related their findings to the so-called "personhood" movement, an extreme anti-abortion effort that has sought to grant fertilized eggs the same rights as adult humans. While no states have passed that type of law, many are using other legal measures that, in practice, grant fetuses precedent over the rights of the women carrying them. "The question isn't 'Are you for or against abortion?'" said Paltrow. "It's, 'Do you believe that upon becoming pregnant, women become an underclass?'"

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Atomic Scientists: Humans Still Pretty Close to Self-Annihilation. Drink!

| Tue Jan. 15, 2013 1:51 PM PST

Last year, the Bulletin of Atomic Scientists moved the minute hand on its "Doomsday Clock" one minute closer to midnight. This year, the group of scientists decided to keep the symbolic timepiece at 11:55, signaling that its members don't believe things are getting any better when it comes to global annihilation.

The clock, which has been around since 1947, was created to symbolize the threat of nuclear power, but now also represents other man-made threats to humanity.

Back in 2010, the group was optimistic, as it elected to set the clock back by one minute. But this year the group says that the world has been consumed by economic threats, to the detriment of other pressing issues like nuclear proliferation and climate change. Members of the BAS wrote a letter to President Barack Obama citing those concerns, and asking him to "partner with other world leaders to forge the comprehensive global response that the climate threat demands, based on equity and cooperation across countries." They wrote:

2012 was the hottest year on record in the contiguous United States, marked by devastating drought and brutal storms. These extreme events are exactly what climate models predict for an atmosphere laden with greenhouse gases. 2012 was a year of unrealized opportunity to reduce nuclear stockpiles, to lower the immediacy of destruction from weapons on alert, and to control the spread of fissile materials and keep nuclear terrorism at bay. 2012 was a year in which—one year after the partial meltdown at the Fukushima Daiichi Nuclear Power Station—the Japanese nation continued to be at the earliest stages of what will be a costly and long recovery.

The group also noted that Obama's next term provides another opportunity to address these issues:

"We have as much hope for Obama's second term in office as we did in 2010, when we moved back the hand of the Clock after his first year in office," said Robert Socolow, chair of the Science and Security Board at BAS. "This is the year for U.S. leadership in slowing climate change and setting a path toward a world without nuclear weapons."

Military Women Get (Slightly) More Access to Abortion

| Wed Dec. 19, 2012 2:20 PM PST

Lawmakers have produced a conference report reconciling the House and Senate versions of the National Defense Authorization Act for fiscal year 2013. The report indicates that the final bill will retain a measure that will allow women in the military to use their Defense Department health insurance to pay for abortions for pregnancies resulting from rape or incest.

The measure, which was introduced by New Hampshire Sen. Jeanne Shaheen (D), allows military women to use their government-issued health care to pay for an abortion if they are raped, just like any other woman who works for the federal goverment is already allowed to do. For years, military women have had tight restrictions on their ability to use their health benefits for abortions, and were only allowed to do so if their lives were in danger. That this provision made it into the final bill is a big deal, as House Republicans were expected to block it.

Reproductive rights groups praised the change. "For too long, servicewomen and military dependents have been denied an important aspect of health care coverage," said Marcia Greenberger, co-president of the National Women's Law Center. "It was unconscionable that women who survived rape or incest were forced to pay out-of-pocket for an abortion."

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