Disagreeing with the Instapundit

I don't often get the oportunity to disagree with Glenn Reynolds, so I thought I would take this one. From Goldberg's post
," I don't mean to say that such pretend anguish doesn't capture a certain reality, and a very sad one. But at the end of the day -- or often at the end of sweeps week -- the woman always says "it's my choice, I'm keeping the baby." Or, they'll have a scene where the woman gets a sonogram and she realizes she loves the baby and again she'll say "it's my choice. I'm having this baby."
And, the moment the women decide to have the baby, the fetus is automatically discussed as if it were a complete person worth talking to, reading to, singing to etc. The implication here, of course, is that if Rachel or whoever had simply chosen not to have the baby, that choice and that choice alone would have been enough of an abracadabra to metaphysically transform the fetus into nothing more than a lump of cells or the inconvenient consequence of a one-night-stand not worth reading to at all."
Glenn submits the counterexample of, "I realize I'm not quite addressing Jonah's argument here, but it's not so shocking that a single decision like that might change, if not a person's moral status, at least the constellation of duties that someone has in regard to them. A classic example (and one that I've always meant to write a law review article about, but never gotten around to) has to do with abortion and the duty to rescue.
At common law -- and still, pretty much, the law generally -- there's no duty to rescue. The classic example, in fact, involves a man walking down the sidewalk and observing a baby drowning in a half-inch of water. Even if the man could rescue the baby with no risk and minimal inconvenience to himself, he's under no duty to take any action at all, and can simply keep walking without facing any penalty beyond moral condemnation.
But if he decides to help, and takes action, then he becomes obligated to follow through and must exert all reasonable effort (short of risking death or serious bodily harm; inconvenience doesn't generally count) to save the baby's life and leave it in a position of reasonable safety. The analogy should be obvious here."

The problem with Glenn's counterexample is that the man would have had to place the baby in the puddle for the situation to apply. A woman does not just walk down the sidewalk and find a baby in her womb. You could make a very strong case for Glenn's analogy if you started it with the man playing some game of chance where if he loses, the baby ends up face down in a puddle next to him.