This laudable goal was undercut by the severe lack of drug-treatment slots for pregnant women in Charleston. For the first two years of the screening, the Medical University of South Carolina's own in-patient drug treatment program refused to accept pregnant women. It turns out that criminal prosecution actually deters women from seeking prenatal care and drug treatment, both of which substantially improve birth outcomes. Moreover, nearly all U.S. correctional facilities do not meet the minimum levels of obstetrical and gynecological care established by the American College of Obstetricians and Gynecologists. Although there is no silver bullet that will end drug use by pregnant women, the evidence overwhelmingly indicates that drug-treatment programs designed to address the specific needs and causes of addiction among women do work.
Studies also show that pregnancy itself often motivates addicts to seek treatment.
The problem is that most are turned away because of a severe shortage of treatment slots. The initiative, however, does not make any special provisions for pregnant women, so we need to make sure that their needs are not overlooked. Drug treatment on demand for pregnant addicts is a policy that anyone who claims to care about fetal health should support. The Supreme Court is far from the best forum for such badly needed pro-active policies. But the refusal of a conservative Supreme Court to solve the drug problem by creating new criminal sanctions against pregnant women is a promising step for womenkind.