If destroying frozen embryos shares features of infanticide, then destroying a partially delivered fetus might bear an even closer resemblance. Like the frozen embryo, the fetus appears to survive without imposing unwanted pregnancy. Unlike the embryo, however, the fetus is also highly developed. Although the fetus is literally alive following partial delivery, it is not yet developmentally equipped to survive outside its mother's womb. Only once the fetus reaches viability is it capable of such survival.
Viability thus severs the link between terminating a pregnancy and destroying a fetus.
Accordingly, after viability, states may prohibit abortion where consistent with the mother's health. Various members of the court have publicly remarked upon the oddity of this possibility. It seems less odd, however, once we appreciate the centrality of a woman's bodily integrity interest to her constitutional entitlement to abortion. Removing the bodily integrity interest from the scales can thus be decisive. The court acted wisely in reaffirming this entitlement by striking down the Nebraska law.