Austin American-Statesman: Jailed for being Pregnant? Court to Hear Arguments on Drug User’s Incarceration, by Chuck Lindell:
Amber Lovill was almost six months pregnant and on probation when amandatory drug test found high levels of methamphetamine in her system.
What happened next to the Corpus Christi woman — jail time followedby drug treatment in a secure facility for felons — prompted a legalchallenge that will be heard this week by the state’s highest criminalcourt.
Lovill argues that she was the victim of gender discrimination andheavy-handed prosecution. Her cause has been taken up by civilliberties and women’s rights groups who complain that Lovill wastreated more severely than a man or nonpregnant woman in the samesituation….
Prosecutors say Lovill was targeted for violating her probation, notfor being pregnant. But probation officers also were entitled to takeaction to protect the fetus from Lovill’s drug use, said Doug Norman,Nueces County assistant district attorney….
A ruling, expected weeks or months later, could better define when — orif — the Texas criminal justice system can punish women in an effort toprotect the health of their fetuses.