Ferguson v South Carolina

pstrongImportant Supreme Court Decision Pending on Medical Privacy Rights: Mothers drug-tested without consent, then charged with abuse.br / /strong/p pDIV align="left" TABLE cellpadding="5"TR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TDTR VALIGN="TOP"TD pby PNN/p pThe Supreme Court heard arguments in October in the case of Ferguson v. City of Charleston (South Carolina). Their decision will be crucial in defining pregnant women’s access to their Fourth Amendment Rights./p p The case revolves around a concerted effort by Charleston authorities to test pregnant women for drugs and then charge them with child abuse against their unborn children./p p30 women have been arrested at the Medical University of South Carolina over the past five years. Nurses and doctors, working with local authorities, tested women for cocaine use bwithout their consent/b during childbirth procedures. Positive tests led to arrests. Some women were taken to jail while they were recovering from childbirth. Some were offered drug treatment as an option; others were not./p p10 women sued the state, charging that their Fourth Amendment Rights had been violated. The Fourth Amendment offers protection against illegal searches, such as those executed without a warrant. The case has reached the high court.br / The arguments revolve around an earlier court decision that allows exceptions in cases of special need. If taking the time to get a warrant puts others in danger, than searches are acceptable. Drunk driving breathalyzer tests fall under this exception. South Carolina attorneys are arguing that the fetus is a third party in imminent danger. Justice Ginsberg asked attorneys how jailing pregnant women would support unborn children’s health./p pThe other issue at stake is the way the health care workers and authorities targeted women to be tested. “Inadequate prenatal care” was one of the criteria given. 29 of the 30 women arrested were African American. Cocaine was the drug tested for, though numerous substances, legal and illegal, can affect fetal health. The AMA among others have opposed the policy. Experts feel it will drive women away from much- needed prenatal care and increase the health risks that their children will face. The decision is pending./p/td/tr/td/tr/table/div/p