Legal Defense
The legal landscape around abortion is changing quickly. Some states already have bounty laws, which allow private citizens to sue people who aid or abet a person seeking an abortion (though not the person actually getting the abortion). In many states, even before the end of Roe, people have been held criminally liable for their pregnancy outcomes (this includes pro-choice states like Massachusetts.)
We live in an era of mass surveillance, and you have a much larger digital footprint than you realize. The things that you Google, the website that you click on, and the physical locations that you visit are all data that can be sold to third parties, including the police. I talk extensively in chapter 2 about how to protect your digital security and keep your searches and location data private. Go read that chapter if you haven't already, and start taking steps to keep your pregnancy/abortion private and minimize your legal risks.
This chapter will likely grow as laws in different states become more clear and I have a better understanding of what people should reasonably worry about in terms of legal consequences for a self-managed abortion or for traveling to a pro-choice state to an abortion clinic. In the meantime I am going to leave you with a few links and some common sense steps to protecting yourself while you seek an abortion. Again, chapter 2 has a LOT more information about keeping yourself safe from surveillance while you are seeking an abortion.
To reiterate, I am not a lawyer and this is not legal advice.
Non-digital privacy
Because many states may soon pass bounty hunter laws like S.B. 8 in Texas (a slightly outdated article with more information about that law here: https://www.nytimes.com/2021/09/10/us/politics/texas-abortion-law-facts.html) it is very important that you tell as few people as possible about your abortion. Sometimes this can include not telling your romantic partner or the person who got you pregnant. Because there is a financial incentive to report someone seeking an abortion and those who are helping them, you should be very careful about who you share information with about your pregnancy.
In some states, there may be laws passed very soon that designate certain professionals as mandatory reporters about abortions that have taken place or may take place. This could include medical staff at an ER, primary care providers, and even therapists. I realize that this could be very difficult for your mental health if you are in therapy, but if you are in a state where abortion is illegal try to avoid talking about your pregnancy or your desire to seek an abortion with your therapist. Even if they are pro-choice, they may be mandated to report you to the authorities. If you are interested in seeking abortion counseling, safe2choose has a number of counseling options (https://safe2choose.org/abortion-counseling).
If you have to go to an ER after a self-managed abortion, do NOT tell the medical staff that you have taken abortion pills, even if you live in a state where abortion is legal. There is a history of medical staff reporting people experiencing miscarriages to the police, even when they did not have to. Sometimes these people had not taken abortion pills. Some of them did not even know they were pregnant.
This bit of advice is a bit crass, but if you end up in an emergency room after taking abortion pills, it may be helpful to seem upset about losing the pregnancy. Saying something like "Please save my baby" could help convince medical staff that you were not trying to terminate your pregnancy. (I have no good evidence for this working, but it seems like a common sense step to me.)
Legal Defense
Just like the laws that anti-choice states are putting into motion, the legal defense landscape is rapidly changing right now too.
If you want to better understand what your legal risks are right now, the Repro Legal Helpline (https://www.reprolegalhelpline.org/) knows a lot more than I do. They also have tips on what the police can ask you and how you should handle a situation involving law enforcement. They have information on their website, a secure online messaging platform, and a telephone hotline: 844-868-2812.
Some quick tips from Pregnancy Justice (pregnancyjusticeus.org) if you are facing a pregnancy-related investigation:
Don't reference your social media, phone, or any records.
Remember your right to refuse medical care such as drug screening.
Don't sign anything.
Say you wish to remain silent. This isn't a friendly chat.
Ask for an attorney.
Contact a pro bono organization dedicated to reproductive justice. See below.
There are many, many people who believe in reproductive rights in this country, and want to help. Right now, I know of three organizations that are gearing up to provide free legal representation for people who are prosecuted for their pregnancy outcomes or for aiding and abetting an abortion. Depending on when you are reading this they may or may not be operational, but if you are in dire legal straits, these links may be a good place to start.
Repro Legal Defense Fund
https://reprolegaldefensefund.org/
Pregnancy Justice
pregnancyjusticeus.org
[email protected]
Legal Alliance for Reproductive Rights
https://news.bloomberglaw.com/business-and-practice/abortion-seekers-providers-to-get-free-legal-defense-by-firms
(To be honest I can't find a lot of info on this one but including it just in case.
For more information about how the legal landscape might change after Roe, check out this link: https://truthout.org/audio/nothing-ends-with-the-law-lets-talk-about-life-after-roe/
Last edited March 20th, 2023.