The Chilling Potential of "Pregnancy Outcome" Language

A Gruesome Infanticide and the Legal Loopholes That Could Excuse It

The horrific story of a South Carolina mother accused of stabbing her newborn to death with a letter opener has sent shockwaves across the nation. An T. Ngo, 31, allegedly committed this unthinkable act moments after giving birth at home, then disposed of the infant's body in a trash bag. Easley Police Chief Brandon Liner, a veteran with over two decades of experience, described the scene as the most gruesome he had ever witnessed. Ngo is currently charged with homicide by child abuse and is being held without bail.

While this case is undeniably tragic, it raises alarming questions about the potential for similar crimes to be excused under the guise of "pregnancy outcome" language found in some state laws.

The Dangers of Ambiguous Language: "Pregnancy Outcomes"

While South Carolina law protects most preborn children, other states utilize troublingly vague terminology. For example, Colorado's House Bill 22-1279, signed into law in 2022, enshrines abortion as a "right" and allows women to make decisions regarding "pregnancy outcomes." This broad phrasing could encompass birth, miscarriage, abortion, and even death *after* birth, potentially creating a legal loophole for deliberate or negligent acts leading to infant mortality.

Similar language appears in Michigan's Prop 3 and California's Reproductive Health Act, prohibiting adverse action against individuals based on "pregnancy outcomes," again without clear definitions. This lack of clarity has sparked concerns that even deliberate infant deaths could fall under this umbrella, shielding perpetrators from prosecution.

The amendments do not address the fact that the bill would continue to chill reporting and investigations of ANY perinatal death... - Theresa Brennan, Esq., President of Right to Life League

Brennan highlights the chilling effect this vague language can have on investigations, potentially discouraging reporting and hindering justice for infants.

A Cautionary Tale from El Salvador

The fight by pro-abortion groups to free women convicted of infanticide in El Salvador provides a chilling preview of what could happen in the United States. These groups argue that the women, who committed horrific acts against their newborns, suffered "pregnancy-related complications" and are wrongly imprisoned for illegal abortions. Ligia De Jesus Castaldi, a professor at Ave Maria School of Law, points out the deliberate mischaracterization of these crimes, masking infanticide as "miscarriage" or "obstetric emergency."

A Slippery Slope Towards Infanticide?

With abortion access expanding in many states, and with pro-abortion advocates pushing for its availability up until birth, the potential for "pregnancy outcome" language to be used to justify infanticide becomes a terrifyingly real possibility.

The case of An T. Ngo should serve as a stark warning. It underscores the urgent need for clear and precise language in our laws that safeguards the lives of all infants, both born and unborn, and ensures that justice is served for those who harm them.