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"I'm hopeful that my new trial will end with me being freed, because I simply lost my pregnancy at home because of an infection," said Brooke Shoemaker, who has already spent five years in prison.
While Brooke Shoemaker and a rights group representing her in court are celebrating this week after an Alabama judge threw out her conviction and ordered a new trial, her case is also drawing attention to the dangers of "fetal personhood" policies.
"Laws and judicial decisions that grant fetuses—and in some cases embryos and fertilized eggs—the same legal rights and status given to born people, such as the right to life, is 'fetal personhood,'" explains the website of the group, Pregnancy Justice. "When fetuses have rights, this fundamentally changes the legal rights and status of all pregnant people, opening the door to criminalization, surveillance, and obstetric violence."
Since the US Supreme Court's Dobbs v. Jackson Women's Health Organization ruling ended the federal right to abortion in 2022, far-right activists and politicians have ramped up their fight for fetal personhood policies. Pregnancy Justice found that in the two years after the decision, the number of people who faced criminal charges related to their pregnancies hit its highest level in US history.
Shoemaker's case began even earlier, in 2017, when she experienced a stillbirth at home about 24-26 weeks into her pregnancy. Paramedics brought her to a hospital, where she disclosed using methamphetamine while pregnant. Although a medical examiner could not determine whether the drug use caused the stillbirth—and, according to Pregnancy Justice, "her placenta showed clear signs of infection"—a jury found her guilty of chemical endangerment of a minor. She's served five years of her 18-year sentence.
"After becoming Ms. Shoemaker's counsel in 2024, Pregnancy Justice filed a petition alongside Andrew Stanley of the Samford Law Office requesting a hearing based on new evidence about the infection that led to the demise of Ms. Shoemaker's pregnancy, leading the judge to agree with Pregnancy Justice's medical witness and to vacate the conviction," the rights group said in a Monday statement.
Lee County Circuit Judge Jeffrey Tickal wrote in his December 22 order that "should the facts had been known, and brought before the jury, the results probably would have been different."
Shoemaker said Monday that "after years of fighting, I'm thankful that I'm finally being heard, and I pray that my next Christmas will be spent at home with my children and parents... I'm hopeful that my new trial will end with me being freed, because I simply lost my pregnancy at home because of an infection. I loved and wanted my baby, and I never deserved this."
Although Tickal's decision came three days before Christmas, the 45-year-old mother of four remained behind bars for the holiday last week, as the state appeals.
"While we are thrilled with the judge's decision, we are outraged that Ms. Shoemaker is still behind bars when she should have been home for Christmas," said former Pregnancy Justice senior staff attorney Emma Roth. "She was convicted based on feelings, not facts. Pregnancy Justice will continue to fight on appeal and prove that pregnancies end tragically for reasons far beyond a mother's control. Women like Ms. Shoemaker should be allowed to grieve their loss without fearing arrest."
AL.com reported Tuesday that "Alabama is unique in that it is one of only three states, along with Oklahoma and South Carolina, where the state Supreme Court allows the application of criminal laws meant to punish child abuse or child endangerment to be applied in the context of pregnancy."
However, similar cases aren't restricted to those states. Pregnancy Justice found that in the two years following Dobbs, "prosecutors initiated cases in 16 states: Alabama, California, Florida, Idaho, Kentucky, Mississippi, Nebraska, New Mexico, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Wisconsin, and Wyoming. While prosecutions were brought in all of these states, to date, the majority of the reported cases occurred in Alabama (192) and Oklahoma (112)."
This is fantastic news!!I wrote in my book how the medical examiner ruled the cause of the stillbirth "undetermined," but the coroner (who lacks medical training) instead listed cause of stillbirth as mom's meth usage on the fetal death certificate.
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— Jill Wieber Lens (@jillwieberlens.bsky.social) December 30, 2025 at 12:25 PM
"Prosecutors used a variety of criminal statutes to charge the defendants in these cases, often bringing more than one charge against an individual defendant," the group's report continues. "In total, the 412 defendants faced 441 charges for conduct related to pregnancy, pregnancy loss, or birth. The majority of charges (398/441) asserted some form of child abuse, neglect, or endangerment."
"As has been the case for decades, nearly all the cases alleged that the pregnant person used a substance during pregnancy," the report adds. "In 268 cases, substance use was the only allegation made against the pregnant person. In the midst of a wide-ranging crisis in maternal healthcare and despite maternal healthcare deserts across the country, prosecutors or police argued that pregnant people's failure to obtain prenatal care was evidence of a crime. This was the case in 29 of 412 cases."
When the publication was released last year, Pregnancy Justice president Lourdes A. Rivera said in a statement that "the Dobbs decision emboldened prosecutors to develop ever more aggressive strategies to prosecute pregnancy, leading to the most pregnancy-related criminal cases on record."
"This is directly tied to the radical legal doctrine of 'fetal personhood,' which grants full legal rights to an embryo or fetus, turning them into victims of crimes perpetrated by pregnant women," Rivera argued. "To turn the tide on criminalization, we need to separate healthcare from the criminal legal system and to change policy and practices to ensure that pregnant people can safely access the healthcare they need, without fear of criminalization. This report demonstrates that, in post-Dobbs America, being pregnant places people at increased risk, not only of dire health outcomes, but of arrest."
My opposition to this execution is not a betrayal of my father. It is an affirmation of the values he lived by, and that I have tried to instill in my children.
At the tender age of 9, I lost my father, Doug Battle, when he was killed during a robbery. Like many children faced with sudden violence, I asked a simple question with no answer: Why did you have to kill him?
Today, I am asking a different question… one that should concern all of us.
Why is the state preparing to execute Charles Burton, a man who did not kill my father?
In 1991, six men robbed an AutoZone store in Alabama. Mr. Burton had already left the store with the money. Derrick DeBruce remained inside and made his own decision, in accordance with no one, to shoot my father as he lay face-down on the floor alongside employees and customers. There is no evidence that Mr. Burton knew, or had any intent, that a shooting would occur.
Executing a man who did not commit the killing does not heal wounds or strengthen public trust. It weakens it.
Both men were initially sentenced to death. Later, DeBruce, the shooter, had his sentence overturned and the state agreed to resentence him to life without parole. Mr. Burton, the non-shooter, remains on death row.
If this is allowed to stand, this would represent a fundamental flaw in how capital punishment is applied in America.
Mr. Burton is now 75 years old, wheelchair-bound, and suffering from severe rheumatoid arthritis. He is frail, in declining health, and poses no threat to public safety. Yet the state plans to execute him using nitrogen hypoxia, a method that raises serious ethical and constitutional concerns.
As a child, I believed justice meant punishment. I thought executions would bring closure. Over time, I learned that justice cannot be reduced to finality. A system that values procedural rigidity over truth demonstrates to me that it does not revere justice.
Mr. Burton’s continued presence on death row does not reflect a moral judgment. From what I understand, it has persisted in part because technical rules prevent courts from correcting past errors. When a legal system allows a man who did not commit the killing to die because the process itself blocks reconsideration, it reveals how fragile justice can be.
Earlier this year, I was informed that the state intended to move forward with Mr. Burton’s execution. When I was contacted by the Attorney General's Victims' Assistance Office and said I opposed the execution, I was told my opinion did not matter. As the victim’s child, I was not consulted about mercy, only about logistics.
My opposition to this execution is not a betrayal of my father. It is an affirmation of the values he lived by, and that I have tried to instill in my children. Justice can be measured by our commitment to truth and our willingness to show mercy.
Executing a man who did not commit the killing does not heal wounds or strengthen public trust. It weakens it.
I wrestle with my feelings on whether capital punishment should exist at all, but if it must be applied, it should be done so with restraint, proportionality, and humility. This case fails on all three counts.
I lost my father to violence. Another death will not bring him back. It will only deepen my trauma and the moral cost we all share.
"She was abducted by armed agents of the state because she dared take a stand against genocide," said one supporter of Rumeysa Ozturk.
As reports surfaced Wednesday that Rumeysa Ozturk, the Tufts University Ph.D. student who was abducted by immigration agents off a street in Somerville, Massachusetts, had been taken to a detention center in Louisiana, thousands of people assembled in the Boston-area city to demand Ozturk's release.
Ozturk was transferred to the South Louisiana Immigration and Customs Enforcement (ICE) processing center despite a court order barring immigration officials from moving her out-of-state without prior notice, and her lawyers shared a statement at Powder House Park saying they hadn't been notified about the Turkish student's exact whereabouts. They also said her F-1 student visa had been terminated.
Organizers wearing keffiyehs, the traditional Palestinian scarf, said Ozturk is the victim of "state-sanctioned political kidnapping"—targeted by ICE and the Trump administration for co-authoring an op-ed that criticized Tufts administrators for their "inadequate and dismissive" response to a student demand that the university divest from companies with ties to Israel.
Ozturk co-wrote the letter last March, weeks before students at Columbia University led a nationwide campus protest movement against the U.S.-backed Israeli assault on Gaza, which at the time had killed more than 30,000 Palestinians—the majority of whom were civilians despite repeated claims by the U.S. and Israel that the operation was targeting Hamas.
Since then, the Gaza death toll has surged past 50,000, and the Trump administration has cracked down on international students and organizers who participated in anti-Israel protests.
"She was abducted by armed agents of the state because she dared take a stand against genocide," said Lea Kayali of the Palestinian Youth Movement at the rally in Somerville. "And even though she may not consider herself an activist, she has more courage in the hand she wrote that article with than all of [President Donald] Trump's cronies combined."
As organizers noted that 370 people have been arrested in the Boston area by ICE in the last week—with officials calling some "collateral" in Trump's mass deportation campaign—demonstrators chanted, "Free Rumeysa, free them all!" and, "Come for one, face us all!"
Sen. Elizabeth Warren (D-Mass.) called Ozturk's detention "the latest in an alarming pattern to stifle civil liberties."
"The Trump administration is targeting students with legal status and ripping people out of their communities without due process," said Warren. "This is an attack on our Constitution and basic freedoms—and we will push back."
Organizers urged attendees to focus on "community building," not just rallies, in response to ICE's repeated abductions.
"I don't need you to come to any more rallies. I need you to know your neighbors," said Fatema Ahmad, executive director of the Muslim Justice League. "There is no more time for these rallies and these marches where you say these things and you go home and you wait for another social media post to tell you to come here. You have to get organized."
Later Wednesday evening, AL.com reported that ICE's hunt for international students had reached the University of Alabama (UA). As the student-run newspaper, The Crimson White, reported, Iranian mechanical engineering doctoral student Alireza Doroudi was arrested early Tuesday morning by ICE agents. He was issued an F-1 student visa in January 2023 but had it revoked six months after he arrived in the U.S.
"After receiving the revocation notice, Alireza immediately contacted ISSS [International Student and Scholar Service] at University of Alabama," read a message sent in a group chat including Iranian students, according to The Crimson White. "ISSS replied with confidence, stating that his case was not unusual or problematic and that he could remain in the U.S. legally as long as he maintained his student status."
The University of Alabama Democrats said in response to Doroudi's abduction and detention in an undisclosed location, "Our fears have come to pass."
"Donald Trump, [border czar] Tom Homan, and ICE have struck a cold, vicious dagger through the heart of UA's international community," the group said. "As far as we know right now, ICE is yet to provide any justification for their actions, so we are not sure if this persecution is politically motivated, as has been seen in other universities around the country."
The targeting of foreign students at Columbia, Tufts, Georgetown, and other universities in recent weeks has led to outcry among academics, particularly as the ICE abductions have taken place alongside threats from the Trump administration to pull funding from schools for not sufficiently cracking down on alleged antisemitism on campus—which the White House has conflated with calls for Palestinian liberation and opposition to Israel's U.S.-backed attacks.
More than 600 members of the Harvard University faculty signed a letter to the school's governing board Wednesday warning that "ongoing attacks on American universities threaten bedrock principles of a democratic society, including rights of free expression, association, and inquiry." The faculty called on administrators to defy any orders that threaten academic freedom.
Nearly 1,400 academics have also called for a boycott of Columbia over its refusal to defend and protect students against Trump's attacks on pro-Palestinian protesters.
"We are appalled that Columbia's leadership has colluded with the authoritarian suppression of its students by fully capitulating to the conditions imposed by the Trump administration for the release of $400 million in grants withdrawn on March 7, and that it did so against the warning issued by constitutional law scholars that this course of action 'creates a dangerous precedent for every recipient of federal financial assistance,'" reads a letter from supporters of the academic boycott.
Former Columbia graduate student Mahmoud Khalil remains in detention in Louisiana after being abducted by plainclothes immigration agents earlier this month for leading negotiations with Columbia regarding divestment from Israel, while Ph.D. candidate Ranjani Srinivasan fled the country after her visa was revoked and Columbia unenrolled her. Columbia also expelled Grant Miner, a Jewish student and labor leader who occupied a campus building last spring, and revoked degrees from some student protesters.
"Universities cannot pretend to hold higher education sacred while repressing students and faculty, undermining free speech and academic freedom, and prohibiting dissent," reads the letter. "Every such act of craven suppression and compliance only further undermines the university and emboldens the reactionary forces intent on destroying it."