I love this. I don’t think it’ll work but I like the attempt.
A pregnant woman in prison has petitioned the court to release her but the petition is not technically from her but from her unborn child, who was “allegedly” not an accomplice in the crime which put the mom in jail.
NBC News: A Florida court has dismissed an 8-months-pregnant inmate’s emergency petition to be released from custody based on the claim that her fetus has been denied adequate medical care, in a case that raises questions about how such arguments could be interpreted in court as anti-abortion activists seek to give legal rights to fetuses.
The 3rd District Court of Appeal dismissed the petition without prejudice to be decided in circuit court, arguing, in part, that it is unclear whether the fetus of Natalia Harrell, 24, has the right to file the petition in the first place, and that its unborn status makes it too difficult to determine the facts in the case.
“Among other things, we do not believe we can properly resolve whether the unborn child has the standing to file the petition before us given the inadequate record in this matter,” the Friday opinion said…
“Absent immediate release … UNBORN CHILD will be likely brought into this world on the concrete floor of the prison cell, without the aid of qualified medical physicians and paramedics, and in the presence of violent criminals,” the initial filing said.
Speaking of violent criminals, the mom is actually a murderer so she knows from violent criminals.
If this works, it’ll change everything because women in every prison will be attempting to get pregnant. But the more interesting thing is that moms will be able to sue on behalf of their unborn child, giving the unborn a legal status.
Kind of interesting lawsuit. I suspect that this will go nowhere but I thought it was at least an interesting attempt.
