I believe the lawyer is actually making a habeus corpus claim as the fetus hasn’t been charged with a crime. The facts about not receiving proper care are just additional information about the damage the allegedly illegal detainment is causing
Wouldn't this logic implicate all (non-incarcerated) mothers in kidnapping?
We have no evidence that the fetus prefers being out of jail to being in jail. Maybe it doesn't want to go to the grocery store, or take a car ride. The mother is making those choices, and it's not clear that her choices align with the fetus more than the state's.
I don’t think the state has any sort of legal standing or precedent to detain people under the argument “they might like it”, but I suppose they could try it in court
