An Indianapolis woman charged with killing her premature baby by ingesting rat poison while she was pregnant is asking the Indiana Court of Appeals to throw out murder and feticide charges against her.
Short of that, Chinese immigrant Bei Bei Shuai (BAY BAY SHWAY) is asking the court to allow her release on bond.
Shuai's attorney says she ate rat poison because she intended to kill herself, not her baby.
....Many of my friends who support unlimited abortion rights up until nine months of pregnancy, base their position on a woman's right to control her own body up until the moment the fetus changes residence by leaving the womb. Pursuing feticide/murder charges against a Bei Bei Shuai for harming the fetus growing inside her body contradicts that position.
But instead of looking what the law should or should not be, let's look at what it is. Shuai was approximately 8 months pregnant and the child was presumably viable. Indiana law does not allow someone to have an abortion that late in her term. However, because of the Supreme Court case Doe v. Bolton, a companion case to the better known 1973 case Roe v. Wade, even Indiana law must allow abortion during the last trimester if needed for the health of the mother. Per Doe v. Bolton and progeny, this health exception includes mental health. Shuai could have gotten an abortion even in Indiana and in many states, like New York, she could have gotten an abortion up until 9 months without even claiming a health exception.
At what point does fetal life deserves protection? Is it at conception or is it at the moment the child emerges from the uterus 9 months later? Most likely the state legislatures in this country would have drawn a line somewhere in between the two extremes, brokering compromises as to the very legitimate issues represented by both sides of the abortion debate. Unfortunately Roe v. Wade derailed that public debate and made the abortion debate a fresh wound that remains no closer to healing than it was nearly 39 years ago.