This note argues that decisions like that of NAACP v. Wilmington Medical Center, Inc. have been one of many contributing factors in the disparity in mortality rates of both black and American Indian/Alaska Native newborns in comparison to white newborns across the country. Part II examines the current state of the law regarding issues of discrimination, accessibility of health care, and relocation and closure of medical centers that has disproportionately affect minorities in the U.S. Part III discusses the statistics of white, black, and American Indian/Alaska Native newborn and maternal mortality rates in the United States. Part IV addresses the potential causes of this disparity, which include inadequate access to quality medical care for racial minorities, implicit racial bias, a demand for more minority doctors, and strict abortion restrictions. Part V proposes that a reduction in the racial disparities in mortality rates for black and indigenous mothers and infants can be achieved by implementing comprehensive state-level “public-private” collaborations, and increasing availability and coverage of more birthing resources like midwives. Lastly, Part VI concludes that the current condition of federal and state legislation has not eliminated the racial disparities in maternal and infant mortality rates, and further measures must be taken to achieve this goal.
Systematic Racism, Abortion and Bias in Medicine: All Threads Woven in the Cloth of Racial Disparity for Mothers and Infants,
35 J.L. & Health
available at https://engagedscholarship.csuohio.edu/jlh/vol35/iss2/8