Fetus Vs. Pregnant Woman - who wins?

Reading Feministing today alerted me to this.

This is not a pro-choice or pro-life post. This is about the strange phenomenon in which pregnancy in and of itself is becoming state in which a woman must, apparently, be punished for harming a fetus - something that isn't even born yet- arguably, not even a citizen of this country which has a right to protection. So, in light of the recent "breast is best" monstrosity that the government is touting, this all comes down to one giant slippery slope.

At what point does a fetus gain more rights than the Mother carrying it? When states consider making it a crime for a pregnant woman to smoke cigarettes, something is wrong. Next they'll want to make it a crime for mothers not to breastfeed.

Of course, this also raises the question: What impact will criminalizing pregnant women have on their children? If you put a woman in jail or on probation, that will affect her employability in some cases. All because someone wants to criminalize an individual's behavior.

It boggles... it really does.