A fetus isn’t a person, even in fascist Florida.

A Florida court has dismissed an 8-months-pregnant inmate’s emergency petition to be released from custody based on the claim that her fetus has been denied adequate medical care, in a case that raises questions about how such arguments could be interpreted in court as anti-abortion activists seek to give legal rights to fetuses.

The 3rd District Court of Appeal dismissed the petition without prejudice to be decided in circuit court, arguing, in part, that it is unclear whether the fetus of Natalia Harrell, 24, has the right to file the petition in the first place, and that its unborn status makes it too difficult to determine the facts in the case.

“Among other things, we do not believe we can properly resolve whether the unborn child has the standing to file the petition before us given the inadequate record in this matter,” the Friday opinion said.

Florida court dismisses pregnant inmate’s petition to be released over fetus’ being ‘deprived of liberty’ (NBC)