John Oliver explains how fetal personhood becomes a pretext for criminalizing women

Last Week Tonight takes stock of the reproductive rights landscape post-Roe.

John Oliver explains how fetal personhood becomes a pretext for criminalizing women

The landscape of reproductive health has not looked especially great since Roe v. Wade was overturned in 2022. (Even before that, it was still fairly terrifying.) In between his segments on the Trump administration and the various scammers bleeding the American people dry, John Oliver used last night’s Last Week Tonight segment to take stock of this post-Roe landscape, specifically as it relates to the issue of fetal personhood (or, treating a fertilized zygote as a person with legal rights from the moment of conception). While Oliver allows that there are some good occasions for this to be a legal principle—someone causing the death of an unborn child while committing an act of domestic violence against their partner, for example—this has been more frequently used to punish women. In one case that Oliver cites, a woman was charged with manslaughter after she was shot and lost her pregnancy. 

And that’s just the tip of the iceberg. Women who have experienced miscarriages have been charged with abuse of a corpse. One woman was forced to have a Zoom hearing from her hospital bed after she refused to have a C-section. But of course this issue is not just about punishment but about control, too. In many states, as Oliver explains, pregnant women may be drug-tested during doctor’s appointments without their knowledge, and there have been cases of false positives—once from a woman eating an everything bagel—that have led to custody battles. This issue has also extended to pausing IVF, since every fertilized egg is considered a person. 

“I know this story has been bleak and very scary,” says Oliver at the end of the segment. “If you are pregnant and live somewhere where you’re vulnerable to the legal perils that you’ve seen tonight, you should know that organizations like Pregnancy Justice and If When How run legal helplines that you can contact… I hate that that is necessary, but we are where we are. And with any luck, we won’t stay here for long.” 

 
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