On May 20, 2019, the Supreme Court of the United States denied the county’s Petition for Writ of Certiorari, officially declining to review the ruling of the Pennsylvania Supreme Court in the case known as In re: LJB.
That means In re: LJB is closed, and we won the case.
The ruling of the Pennsylvania Supreme Court clarified that alleged behavior while pregnant cannot be classified as child abuse under civil law in this state.
You can review the case history, court documents, and media coverage here.
“This ruling is a resounding victory for all pregnant people,” says attorney David S. Cohen, Professor of Law at the Thomas R. Kline School of Law at Drexel University and member of the WLP Board of Trustees.
“As we argued, allowing people to be classified as child abusers under state law in response to alleged behavior while pregnant contradicts the clear legislative intent of the law. It also would set a dangerous precedent wherein nearly any behavior while pregnant, from eating blue cheese to undergoing chemotherapy, could be considered child abuse. We thank the court for reviewing the Superior Court’s ruling and protecting the rights of pregnant people.”
“Punishing pregnant women for drug use during pregnancy could open the door to punishing pregnant women for all sorts of other behaviors, including things like eating cold cuts, soft cheese, and sushi,” WLP Executive Director Carol E. Tracy said about taking the case. “Drinking wine and coffee, taking prescription medicine, traveling to countries that potentially have Zika, being treated for cancer, traveling by plane late in the pregnancy, and being assaulted by an abusive partner, too.”
Pregnant people with substance use disorder need treatment, not punishment.
The Women’s Law Project is a public interest law center devoted to defending and expanding the rights of women, girls, and LGBTQ people in Pennsylvania and beyond.
Sign up for WLP’s Action Alerts. Stay up to date on issues and policy by following us on twitter and liking us on Facebook.
We are a non-profit organization. Please consider supporting equal rights for women and girls by making a one-time donation or scheduling a monthly contribution.
