last month holding that embryos are legally “children.” Republican legislators rushed the measure through in the face of a nationwide outcry over the sudden halt in fertility services caused by the court’s shocking ruling. It is unclear, however, whether the new law will solve the problem the court created—or whether the court, which seems committed to embryonic personhood under the Alabama Constitution, will even uphold the measure in the first place.
Dahlia Lithwick: Let’s talk about Alabama Legislature believing they solved the problem created by their state Supreme Court by enacting new legislation that hives off IVF and thus satisfies neither side. I think this just continued a roiling and fractious debate in which only one side can possibly be telling scientifically true facts.This new bill in Alabama sailed through the Legislature, and as you said, it creates special immunity from liability for IVF providers and patients.
One more thing: As you wrote when the decision came down, the Alabama Supreme Court’s position on fetal personhood wasn’t just rooted in their feelings. It was also rooted in the Alabama Constitution itself. So presumably the court could overturn any statute that restores IVF, including this one.
Well, yes, Rep. Collins, we all do have those views. But they really only become a problem when they are enshrined into law and used to deprive Americans of their basic ability to build
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