Author: Michele Goodwin

Michele Bratcher Goodwin is a prolific thoughtleader, author, advocate and public commentator. Her research, scholarship and public commentary span constitutional law, women's rights, domestic and international health policy, and biotechnology. She is the executive producer of Ms. Studios. In addition to Ms. magazine, Dr. Goodwin's commentary can be read in The Atlantic, The New York Times, The Nation, CNN and the LA Times, among others. She holds the Linda D. & Timothy J. O'Neill chair in constitutional law and global health policy at Georgetown Law and serves as the faculty director of the O'Neill Institute for National and Global Health Law. Her academic publications appear in the Harvard Law Review, Yale Law Journal, Cornell Law Review, and NYU Law Review among others. She is the author of the award-winning book Policing The Womb: Invisible Women and The Criminalization of Motherhood.

The War on Drugs Was a War on Black Mothers

In the late 20th century, the so-called “crack baby epidemic” became a media obsession. Politicians, prosecutors and even physicians bought into a false narrative: that poor Black women who used cocaine during pregnancy were dooming their children to lives of permanent brain damage, misery and crime. The stories were sensational—and wrong. What these accounts ignored were the actual conditions of women’s lives: poverty, lack of healthcare, untreated trauma and mental illness. Instead of compassion, women like Regina McKnight—raped, grieving, depressed and self-medicating—were met with prosecution, prison sentences and public shaming.

The truth is, there was no epidemic of “biologically inferior” babies. Rigorous scientific research—largely disregarded by mainstream media—showed that cocaine exposure did not cause the catastrophic outcomes predicted by pundits. Yet the racialized panic over “crack babies” justified criminalizing pregnancy, targeting Black mothers, and fueling the broader war on drugs. These myths, and the policies they spawned, continue to shape how our legal and healthcare systems treat women—especially women of color—today.

[An excerpt from Michele Goodwin’s book Policing the Womb: Invisible Women and the Criminalization of Motherhood, published by Cambridge University Press in 2020.]

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The road to recovery—and the right to recovery—is essential to a free and fair democracy. This essay is part of a new multimedia collection exploring the intersections of addiction, recovery and gender justice. The Right to Recovery Is Essential to Democracy is a collaboration between Ms. and the O’Neill Institute for National and Global Health at Georgetown Law, in honor of National Recovery Month.

The Supreme Court Doesn’t Really Care About Originalism. ‘Medina v. Planned Parenthood’ Just Proved It.

By upholding a South Carolina order that strips Medicaid funding from abortion providers, the Supreme Court abandoned both patient choice and the original civil rights vision behind Medicaid.

Medicaid funding is crucial for low-income Americans—it’s the vital thread that connects them with healthcare in a society where universal healthcare does not exist. 

Sixty Years After Bloody Sunday, the Fight for Justice Continues

Sixty years after the Selma to Montgomery marches, the lessons of Bloody Sunday remain urgent. The brutal attack on marchers fighting for voting rights in 1965 exposed how laws can be weaponized to uphold inequality—a reality that persists today. From efforts to suppress voting rights to attacks on academic freedom, the struggle for justice continues. As history warns, democracy and the rule of law must be actively defended, not just written on paper.

Reflecting on Trump’s Immunity Win Before the Supreme Court as He Strips Security Details From Former Government Officials Under Threat

Mere years after the Civil War, in United States v. Lee, the Court recognized that “[n]o man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.” 

One week into the Trump administration, this wisdom rings hollow. 

The Size of Discrimination: Racism and Bias in the Fight Against the ‘Obesity Epidemic’

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The thread of social stigmatizing and racism has long woven through the fabrics of science and medicine. Sarah Baartman, an indigenous South African woman born in 1789, was subjected to profound cruelties, specifically associated with her body size and shape—placed at first in a cage alongside a rhinoceros, and later in circuses and so-called “freak-shows” throughout Europe under the name Hottentot Venus.

To this day, women experience weight discrimination at significantly higher rates than male peers.

Welcome to the New Jane Crow

The Supreme Court of Texas notched itself into a troubling tapestry of U.S. legal history when it overturned a district court ruling that allowed Kate Cox, a 31-year-old Texas woman, to end her nonviable pregnancy. The state is committed to forcing Cox to remain pregnant, against her will and medical recommendations.

Women in Texas are living in a new Jane Crow.