Supreme Court's Perspective on Maternal Drug Abuse

The Supreme Court is called in on a number of cases which lower level courts have not been able to legally conclude. The justices on the court are knowledgeable and experienced with both laws decreed by the constitution and the state. In this case, the Supreme Court has been called in to determine whether illegal drug use during pregnancy is considered abuse and or neglect. Abuse or neglect at the mother’s hand would indicate some sort of legal punishment. The results of the Supreme Court cases surprised me. In all but one case, the judges ruled in favor of the mother even though they were using illegal drugs. Although the Supreme Court decided a mother’s use of illegal drugs cannot determine neglect based on one instance of use, I believe

To me, this sounds like the women who have positively tested for controlled substances are guilty of abuse if they knowingly proceeded with the use. Legally, it would be hard to prove women have created a “substantial risk” because there is no set amount of this substance that is safe. Every baby responds differently to each substance and has different extremes of damage. There are very little studies conducted about substance abuse in pregnancies because few women actively choose to participate when they know it can hurt their child indefinitely. Also, some addicted women know it is wrong, but their addiction makes it nearly impossible to stop without intervention. They might not be forthcoming about their use because of guilt or

Because I am a Christian, I follow a different code of ethics than the judicial system of the United States. As it stated in the textbook, if a mother takes drugs, illegal substances, or drinks while with child, there are risks. There is no good amount of alcohol or substance which will for certain do no harm. There is no safe amount. If the mother choses to drink or use, there is a risk. The risk raises with each time. I feel there should be a consequence toward the mother of the child if they chose to make a choice that could negatively impact their child’s development. This consequence could be to go to a recovery drug center to get clean, community service, and addiction counseling. With my knowledge from taking the Introduction to Substance Abuse class through Waubonsee with Professor John Reece, I can say with great confidence that counseling works. It is also more effective than prison in a person remaining clean. It is also an issue of those who serve a pregnant woman alcohol knowingly or deal to a woman who is with child. A renouncing question asks if they should also be punished. I say it also depends on the state law for serving a minor. If the fetus is not considered a child, legally they can be served unless specific server or bar has their own regulations where they cannot. I feel bars should make it against the bartender’s code of ethics upon hire to