Nearly a year later, Issa and her husband, Fiston Rukengeza, on behalf of themselves and their unborn child, sued TDCJ and three of Issa’s supervisors — Brandy Hooper, Desmond Thompson and Alonzo Hammond. They argue the state caused the death of their child by violating state and federal laws as well as the U.S. Constitution, and they are seeking money to cover medical costs and funeral expenses and to compensate for pain and suffering.

But the prison agency and the Texas attorney general’s office, which has staked its reputation on “defending the unborn” all the way up to the U.S. Supreme Court, are arguing the agency shouldn’t be held responsible for the stillbirth because staff didn’t break the law. Plus, they said, it’s not clear that Issa’s fetus had rights as a person.

“Just because several statutes define an individual to include an unborn child does not mean that the Fourteenth Amendment does the same,” the Texas attorney general’s office wrote in a March footnote, referring to the constitutional right to life.

For more than two decades, in legislation passed by lawmakers and defended in court by the attorney general’s office, Texas has insisted “unborn children” be recognized as people starting at fertilization. And although it has traditionally referred to all stages of pregnancy, from fertilized egg to birth, as an unborn child, the state repeatedly referred to Issa’s stillborn baby as a fetus in legal briefings.

Of course they weren't going to stick to one moral definition. It has never been about morality. It's always been about control. At least his time, they said it openly.