For the past 20 years, the U.S. government has made continuous efforts to encourage mothers to breastfeed and express breast milk for their infant children. Despite overwhelming consensus about the benefits of breastfeeding and breast milk, tens of thousands of incarcerated women in the United States are regularly denied the ability to express breast milk while separated from their children. Prisons prohibit incarcerated women’s use of breast pumps and argue that a woman’s decision to breastfeed does not qualify as a “serious medical need.” Yet U.S. courts’ interpretation of a “serious medical need” that qualifies for Eighth Amendment protection has been flawed from the outset. This Article proposes that incarcerated women possess a constitutional right to access breast pumps due to lactation—the female body’s physical and hormonal response to pregnancy and childbirth—and not due to a decision to breastfeed. As a result, a request to express breast milk and to use any necessary medical devices in prison would rise to the level of a serious medical need—one that cannot be ignored without violating a woman’s Eighth Amendment right to adequate healthcare.
A worker who suffers an adverse employment action resulting from her decision to breastfeed or her request for an accommodation to express milk at work should have a cognizable claim under the PDA. Moreover, her right to pump breast milk
Analyses sanctions to pregnant women for any harm they may cause to their unborn children. Analyses a subjective and objective health policy standard.
Analysis of the efficacy of Prison Nursery Programs in providing an adequate solution for children of incarcerated mothers.
Michael C. Danna∞ Abstract The healthcare provided to incarcerated individuals in the nation’s prisons falls far below that which is fair, just, or decent, and incarcerated individuals’ access to the civil justice system to demand better healthcare is fraught with