Most certainly the mother picked her child up rather than simply poking at him? I doubt he could have/would have died in the toilet no matter how shocked the mother was.
I know in Texas, we've had as a matter of law that babies born alive must be treated as alive - since an attorney general ruling of 1978. In practice, there is a certain amount of discretion between 350 grams and 1000 grams, as there should be in all medical decisions. But there's a huge difference between discretion -meaning you don't cause more pain and suffering when you can't really make a difference or when there can never be any understanding of the suffering - and disdain or intending the death of another.
It is not only a law in Texas. It is a Federal law. Even Chalres Rangel voted for it. It's called the Born Alive bill or some such.
I find it hard to believe this story. I am against abortion, but we have enough real stories and don't need made up ones to give the validity of our position a black eye.
The article says the child died after 11 minutes of exposure in the icy water of the toilet bowl -- AFTER the woman from whose womb he emerged allowed him to grasp her finger.