Typically, when you read a story involving the rights of an unborn child you would expect it to be about some sort of abortion dispute, but this case out of Texas is pretty much the opposite. The situation in question deals with Salia Issa, a prison guard in Abilene, Texas. In 2021, Issa was seven months pregnant, but when she went to work, she began having severe abdominal pains and asked to be relieved so she could go to the hospital. Her supervisor refused and accused her of lying. A short time later she began experiencing severe complications and was finally relieved and went to the hospital, but the doctors were unable to save the baby. She is suing the prison system over her loss but amazingly, the Texas Attorney General’s office is fighting the case and asking for it to be dismissed, claiming that her unborn child had no rights under the federal Constitution. (Associated Press)

The state of Texas is questioning the legal rights of an “unborn child” in arguing against a lawsuit brought by a prison guard who says she had a stillborn baby because prison officials refused to let her leave work for more than two hours after she began feeling intense pains similar to contractions.

The argument from the Texas attorney general’s office appears to be in tension with positions it has previously taken in defending abortion restrictions, contending all the way up to the U.S. Supreme Court that “unborn children” should be recognized as people with legal rights.

It also contrasts with statements by Texas’ Republican leaders, including Gov. Greg Abbott, who has touted the state’s abortion ban as protecting “every unborn child with a heartbeat.”

I’m normally a fan of the approach that Texas takes to many matters, but I’m frankly puzzled by what is going on here. Greg Abbott has been a champion for the rights of the unborn for as long as he’s been in public service. And this isn’t a “heartbeat” question when it comes to viable pregnancies and such matters. Issa was seven months along, well past the point of viability. And the delay in allowing her to leave was critical because the staff at the hospital told her that if she had gotten there sooner they probably could have saved the child’s life.

But beyond that, it’s unclear as to how the “rights” of her unborn child come into play here. In the lawsuit, her attorney is seeking monetary damages to cover her medical bills, pain and suffering, and funeral expenses for her unborn child. If this was some sort of claim of wrongful death of the baby, perhaps there would be an argument about the rights of the child. But they are seeking compensation for damages against the mother.

Even if this wasn’t what appears to be a very winnable case for the plaintiff, what is Greg Abbott thinking? The political optics of this situation alone are horrendous. Here is a woman and her husband who were attempting to bring a child into the world and working for the state in the process. Rather than seeking an abortion, she was fighting to save her baby. The possible damages they’re looking at won’t be a drop in the bucket in terms of the state budget of Texas.

And yet they are seeking to have the suit dismissed and releasing a statement saying that an unborn child at seven months gestation “has no rights.” Granted, they probably have a solid case to make in Constitutional terms because the 14th Amendment reserves rights to “all persons born or naturalized” and Issa’s baby never had the chance at either. But the Governor and the Attorney General are asking for some self-inflicted wounds here when they could have played the role of compassionate heroes and simply covered her costs and wished her family well.

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