Kramer Levin has helped convince a state court of appeals in Texas to reverse the convictions of two pregnant women who had been convicted of delivering a controlled substance to their fetuses. The firm prepared an amicus curiae brief on behalf of the American Civil Liberties Union and the ACLU of Texas challenging the novel convictions, under a statute barring delivery of drugs to children, on multiple grounds under both the U.S. and Texas Constitutions. Among other things, the brief argued that the prosecutions violated the women’s right to privacy by opening the door to widespread interference with virtually every aspect of a preganant woman’s life on the pretext of protecting the fetus; that subjecting pregnant women to potential criminal prosecution in such circumstances would discourage them from seeking medical treatment and prenatal care, cause them to be less candid with their physicians, or prompt them to terminate their pregnancies rather than face prosecution; and that the prosecutor’s reading of the statute violated due process because the law was not sufficiently clear to provide citizens with fair notice that this conduct was criminally prohibited. Kramer Levin's brief for the ACLU was authored by litigation partner Gregory Horowitz and litigation associates Ilyssa Sena, Patricia Seith, and Josh Kelner. In a decision issued on March 29, 2006, a state court of appeals in Texas unanimously reversed the women's convictions.