Florida attorney uses ‘fetal personhood’ argument in attempt to free client that could have consequences for women’s rights.
A lawyer’s attempt to have his pregnant client released from jail ahead of trial by arguing that her fetus has been subject to “unlawful and illegal detention” could have profound consequences for the rights of women in Florida.
Attorney William M Norris filed a petition for a writ of habeas corpus on behalf of the “unborn child” of Natalia Harrell in Florida’s third district court of appeal on 16 February, the Miami Herald first reported.
The filing argues that the fetus “is a person under the Florida constitution and the United States constitution” and therefore has the right to due process.
“The unborn child has not been charged with a criminal offense by respondents or the Miami Dade state attorney’s office, yet respondents have unborn child in a detention center known as TGK in Miami Dade county, Florida,” the filing states.
It further alleges that the jail has failed to provide Harrell with adequate prenatal nutrition and medical care, saying that she has not been treated by an obstetrician-gynecologist since October, and that on one occasion she was left inside a transport van with inside temperatures exceeding 100F (37C) for an extended period.
Harrell, 24, was six weeks pregnant when she was arrested on 26 July 2022 and charged in connection with the death of Gladys Yvette Borcela during an argument in an Uber on 23 July. Harrell has pleaded not guilty and has been held without bail since her arrest.
The state of Florida has urged the court to dismiss the petition and disputed the allegation that Harrell has not received adequate medical care, the Miami Herald reported.
“If you recognize fetal personhood, this is a Pandora’s box,” said Mary Ziegler, a law professor and expert in abortion law. Ziegler said it was hard to see how the court could grant a writ in Harrell’s case without establishing “some kind of generalizable rule” of fetal personhood.
Article URL : https://www.theguardian.com/us-news/2023/feb/23/florida-lawyer-jailed-pregnant-woman-fetal-personhood-reproductive-rights