The intersection of legal discretion and human rights: The case of Brittany Watts in Ohio

Exploring the controversial case of Brittany Watts in Ohio, where legal processes intersect with reproductive rights and societal values.


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The case of Brittany Watts in Ohio has garnered national attention. At the heart of the matter lies a pressing question: Should a woman be criminally charged for a miscarriage? This complex situation involves Ohio Physicians for Reproductive Rights (OPRR), national reproductive rights groups, and the decisions of Trumbull County Prosecutor Dennis Watkins.

Brittany Watts’ story began with a heart-wrenching incident in September. At 22 weeks pregnant, she experienced significant pain and blood clots, leading to a miscarriage at home. Despite some cardiac activity, local hospital doctors declared her pregnancy non-viable. However, under Ohio law, Watts faced a harrowing wait for an ethics panel’s decision on inducing labor. The state’s legal framework, including a six-week abortion ban, though currently blocked, added layers of complexity to her dire situation.

The aftermath of Watts’ miscarriage saw her entangled in a legal battle. After the traumatic event in her bathroom, her admission to a nurse about moving the remains led to a police investigation. Authorities found the fetus in a pipe, leading to Watts facing a felony charge for abuse of a corpse. This charge raises profound ethical and legal questions about the treatment of women’s reproductive health issues.

OPRR’s intervention brings a critical perspective to the forefront. The organization’s letter to Prosecutor Watkins challenges his stance, asserting that he is not legally obliged to pursue charges against Watts. Their argument underscores the principle of prosecutorial discretion, widely recognized in both federal and Ohio law. This stance is supported by nearly 100 elected prosecutors across the U.S., who, after the overturning of Roe v. Wade, emphasized the ethical responsibility of prosecutors to use their judgment in furthering community safety and well-being.

The broader implications of prosecuting Watts for a miscarriage have sparked intense debate. Advocacy groups argue that such actions do not enhance public health or safety. Rather, they could lead to the separation of families and inflict financial and emotional harm on those involved. This stance is echoed by If/When/How, a national network of reproductive rights lawyers, highlighting the potentially detrimental impact of such legal actions on individual and societal levels.

The grand jury’s role in Watts’ case is pivotal. This body will decide whether to indict her, a process devoid of legal representation for the defendant. In Trumbull County, historical data reveals a striking statistic: approximately 80% of cases brought before grand juries result in indictments. If indicted and found guilty, Watts faces a possible sentence of up to a year in prison and a $2,500 fine, underscoring the gravity of her situation.

Prosecutor Watkins’ decision to proceed with the case has become a focal point of criticism. The ethical and legal responsibilities of prosecutors are under scrutiny, as the case exemplifies the complex interplay between legal discretion and human rights. The upcoming weeks are critical as the grand jury deliberates on Watts’ fate, a decision that could have far-reaching implications.

The Brittany Watts case unfolds against the backdrop of the Supreme Court’s landmark Dobbs decision in June 2022. This ruling drastically altered the landscape of abortion rights in the United States, leading to outright bans in 14 states. The repercussions of this decision have been profound, with clinics in banned states pivoting to provide other essential reproductive health services.

Despite the closure of numerous clinics, the resilience of healthcare providers is evident. They continue to offer a range of services, from contraceptives to routine exams, adapting to the new legal environment. This persistence highlights the ongoing struggle to maintain reproductive healthcare access in a post-Roe America.

Clinics like the West Alabama Women’s Center exemplify the adaptive strategies employed post-Dobbs. Transitioning from an abortion provider to a comprehensive ob-gyn service, the center now offers an array of reproductive health services. This shift, however, has not been without its challenges. Clinic staff have navigated bureaucratic hurdles and faced the stigma associated with their previous abortion services, reflecting the broader societal and political challenges in this area.

The story of the West Alabama Women’s Center is just one among many. Clinics across the country are grappling with the new reality, striving to meet the healthcare needs of their communities while contending with the shifting legal landscape. Their efforts underscore the ongoing struggle for reproductive rights in the U.S.

The Dobbs decision has exacerbated disparities in abortion access across the United States. Organizations like the Brigid Alliance have stepped up, assisting those who need to travel for abortion services. Their efforts highlight the increased emotional and financial burdens on individuals seeking abortions, especially in states with restrictive laws.

The uneven landscape of abortion access in the U.S. is stark. In some states, mandatory waiting periods, in-person counseling requirements, and Medicaid restrictions further hinder access to abortion services. This patchwork of laws creates significant barriers, underscoring the need for continued advocacy and support for reproductive rights.

The Brittany Watts case and the post-Dobbs landscape reveal the expansive nature of reproductive justice. This movement encompasses not just abortion rights, but also issues like maternal mortality, prenatal care, and the rights of disabled individuals to reproductive healthcare. The intersectionality of these issues highlights the need for a comprehensive approach to reproductive justice, one that addresses the myriad challenges faced by marginalized communities.


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Alexandra Jacobo is a dedicated progressive writer, activist, and mother with a deep-rooted passion for social justice and political engagement. Her journey into political activism began in 2011 at Zuccotti Park, where she supported the Occupy movement by distributing blankets to occupiers, marking the start of her earnest commitment to progressive causes. Driven by a desire to educate and inspire, Alexandra focuses her writing on a range of progressive issues, aiming to foster positive change both domestically and internationally. Her work is characterized by a strong commitment to community empowerment and a belief in the power of informed public action. As a mother, Alexandra brings a unique and personal perspective to her activism, understanding the importance of shaping a better world for future generations. Her writing not only highlights the challenges we face but also champions the potential for collective action to create a more equitable and sustainable world.