Miscarriage of Justice

On a humid morning in early October, Brittney Poolaw sat in an Oklahoma courtroom waiting on a verdict. Instead of the jail uniform she’d donned for the past 18 months, she wore a yellow-and-white blouse with loose short sleeves. After less than three hours of deliberation, the jury returned with its decision: Poolaw was guilty of first-degree manslaughter. She was sentenced to four years behind bars.

But Poolaw, a 21-year-old and a member of the Wichita and Affiliated Tribes, had not driven recklessly or shot a gun. She’d had a miscarriage.

Poolaw will not be the last woman sent to prison for accidentally losing a pregnancy. Indeed, the leaked Supreme Court draft opinion overturning suggests that cases like Poolaw’s will soon become more common.