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10 - Commentary on State v. Walden

from Part II - Gender on Trial

Published online by Cambridge University Press:  01 December 2022

By
Lisa R. Avalos
Edited by
Bennett Capers ,
Sarah Deer  and
Corey Rayburn Yung
Bennett Capers
Affiliation:
Fordham University, New York
Sarah Deer
Affiliation:
University of Kansas
Corey Rayburn Yung
Affiliation:
University of Kansas
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Summary

This opinion held that a viable fetus was a “child” under the state’s criminal child endangerment statute. The defendant was accused of using illegal drugs during her pregnancy and the South Carolina Supreme Court held that her alleged drug use could serve as the basis for a child endangerment charge. This opinion is cited as severely eroding the reproductive rights and bodily autonomy of women.

Keywords

viable fetuspregnancypregnant womanambiguitycocainechild abuse
Type
Chapter
Information
Feminist Judgments: Rewritten Criminal Law Opinions , pp. 214 - 229
Publisher: Cambridge University Press
Print publication year: 2022

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