Disir
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The Seventh Circuit emphasized its concern Thursday for the protection of unborn children from “uncooperative mothers” in a case challenging the constitutionality of a Wisconsin law that allows the arrest of pregnant women suspected of drug or alcohol abuse.
“Are you arguing that the state cannot have a child abuse law governing unborn children?” Judge Kenneth Ripple asked Nancy Rosenbloom from the National Advocates for Pregnant Women, attorney for plaintiff Tamara Loertscher.
And Judge Daniel Manion pressed, “You’re saying there should be no external protection for an unborn baby?”
Rosenbloom answered “no” to both questions.
The all-male Seventh Circuit panel, rounded out by Judge Joel Flaum, was comprised of three Ronald Reagan appointees, the youngest of whom is 74 years old.
In 1997, the Wisconsin Legislature passed Act 292, colloquially known as the “cocaine mom” law, to protect unborn children from the “habitual lack of self-control of their expectant mothers in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree.”
To this end, the law permits the jailing of an expectant mother if a court intake worker, after receiving a referral from a health care provider, finds that the mother uses drugs or alcohol, or has a history of past addiction that may endanger the fetus.
Rosenbloom’s client, Loertscher, was jailed for 18 days during her pregnancy in 2014 after she voluntarily sought medical help for her meth use and thyroid condition. Before her release, state officials forced the 29-year-old to submit to regular drug monitoring and treatment in Taylor County, Wis.
Seventh Circuit Takes Up Wisconsin’s ‘Cocaine Mom’ Law
This will be interesting. Outside of having no counsel, I would be worried about past history. I want to say that came up in another state. The woman at that time had not used drugs in some 5-10 years but was jailed after having a miscarriage.
“Are you arguing that the state cannot have a child abuse law governing unborn children?” Judge Kenneth Ripple asked Nancy Rosenbloom from the National Advocates for Pregnant Women, attorney for plaintiff Tamara Loertscher.
And Judge Daniel Manion pressed, “You’re saying there should be no external protection for an unborn baby?”
Rosenbloom answered “no” to both questions.
The all-male Seventh Circuit panel, rounded out by Judge Joel Flaum, was comprised of three Ronald Reagan appointees, the youngest of whom is 74 years old.
In 1997, the Wisconsin Legislature passed Act 292, colloquially known as the “cocaine mom” law, to protect unborn children from the “habitual lack of self-control of their expectant mothers in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree.”
To this end, the law permits the jailing of an expectant mother if a court intake worker, after receiving a referral from a health care provider, finds that the mother uses drugs or alcohol, or has a history of past addiction that may endanger the fetus.
Rosenbloom’s client, Loertscher, was jailed for 18 days during her pregnancy in 2014 after she voluntarily sought medical help for her meth use and thyroid condition. Before her release, state officials forced the 29-year-old to submit to regular drug monitoring and treatment in Taylor County, Wis.
Seventh Circuit Takes Up Wisconsin’s ‘Cocaine Mom’ Law
This will be interesting. Outside of having no counsel, I would be worried about past history. I want to say that came up in another state. The woman at that time had not used drugs in some 5-10 years but was jailed after having a miscarriage.
