Abortion remains legal in many places in this country, even after the conservative Supreme Court ruled against Roe v Wade. Now, each state makes up its own rules. As of this story, 13 states have a total abortion ban.
In Nevada, abortion is legal up to 24 weeks. There are also exceptions for abortions beyond that time. Voters just approved a ballot measure to include that legal right into the state constitution, and voters will make a final decision in the 2026 election.
But is it illegal to have a miscarriage? Or to try to induce a miscarriage? According to a 1911 Nevada law, it is if the mother takes any substance to induce a miscarriage. The punishment is up to 10 years in prison. Nevada is the only state in the country with this kind of law.
Patience Frazier, who lived in Winnemucca — a town of around 7,000 people 70 miles south of Oregon, or 500 miles north of Las Vegas — spent two years in prison after having a miscarriage in 2018. The substance she took thinking it would induce a miscarriage was cinnamon.
But there’s much more to this story. It tells of a Winnemucca cop and assistant district attorney who pushed for Frazier’s conviction, why the DA still says he could charge her in the future, how her first lawyer went wrong, and how a Las Vegas lawyer finally got her out of prison.
In his 40-page ruling, the last judge called it “a total miscarriage of justice,” and then freed Frazier from prison.
Guests: Laura Fitzsimmons, attorney; Mary Ziegler, law professor, UC Davis; Farah Diaz-Tello, senior counsel and legal director, If/When/How
