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The ruling had to be that way or else it would have given personhood to unborn babies and the court wasn't going to be responsible for the mess that would create.
Gee. 'Mom' must not have been smoking cigarettes...(tobacco cigarettes, that is). But, yeah, admitting the baby could be abused in the womb kinda flies in the face of that whole choice thing.
In other words, a fetus isn't a child and the damage done to a child by the mother while said child is still in the womb is not child abuse. I am sure every doctor, nurse and technician in the NICU would disagree.