Even if you believe that a fetus is a person, this is dumb. The conditions of how a fetus receives food/shelter doesn’t change when the mother is in jail/prison. The fetus has no concept of the detainment, and is therefore not party to that punishment.

If this were to change, then pregnant woman could also be charged with kidnapping for leaving an abusive man… which should definitely not be the case. A fetus simply cannot be a separate legal entity while dependent on a mother’s body.

The danger in this is that it also opens up a new can of worms. If the fetus would be deemed viable and the mother imprisoned, could the state force the woman to induce labor so that the fetus wouldn’t be illegaly detained?

Further (and this is a slippery slope argument, but law sometimes works like this), even doctors have differing opinions on post-natal care when itncomes to breast milk vs formula. If it is a matter of the child’s rights, then one could make the argument that the mother shouldn’t be detained as long as she is breastfeeding for the wellbeing of the child.

Its like some lawyers don’t think through the implications of their arguments before making them.