Garance Franke-Ruta thinks I had it wrong yesterday. “[T]here can be no infanticide of a prematurely delivered 18-week old fetus, because no fetuses born before 21 weeks can survive outside the womb. . . . There’s a term for a birth/death at 18 weeks, and it’s not murder: it’s called a miscarriage.” I was talking about a hypothetical situation in which a woman “had fully delivered [a] child and then killed it” (emphasis added). That the child was likely, even very likely, to have died anyway doesn’t make that a legal act.