Here's the issue. If a fetus is a person, that person has the rights granted to them by the constitution. This includes: * Right to an attorney to represent

Here's the issue. If a fetus is a person, that person has the rights granted to them by the constitution. This includes: * Right to an attorney to represent it and its needs. (6th Amendment) * And the right to bring a Habeas Corpus suit before the court. In short the argument is going to go like this: Jail is a dangerous place. If the mother is killed, likely the fetus/person will be killed as well. Hence the Habeas plea. I think if you are at all serious about fetuses attaining personhood status (with all the rights and privileges thereof), you would want the court to do something to protect the life of the fetus here, even if the court can't separate the mother from the fetus.