Sure, but this is a very specific case where you cannot really do that without being completely disingenuous (which to be clear, may be the outcome that happens

Sure, but this is a very specific case where you cannot really do that without being completely disingenuous (which to be clear, may be the outcome that happens). You can very easily not send a child to jail (because they have full legal personhood), but right now this fetus is considered 'part of the mother' as it relates to incarceration. Hard to argue that a fetus has some constitutional rights, but isn't subject to the Fourth Amendment. Like I said, a judge will make the argument that the fetus' environment is the womb and by that definition, their circumstances have not changed by being in jail, but that feels thin?