Current Events > Alabama Supreme Court rules IVF embryos are protected under minor death law.

(+) Yeah! (+)

https://twitter.com/QasimRashid/status/1759039004492579088

In other words. A truly horrifying ruling out of Alabama Alabama Supreme Court rules IVF embryos are protected under Wrongful Death of a Minor Act This absurd ruling is medical malpractice & will end IVF in AL. People suffering from infertility now have no access.

Way to be even more asinine Alabama...its a race to the bottom alright.

Stupid!

Bump.

Its almost like people have to be stupid to live there.

But its Alabama for you.

I get the reasoning behind the ruling but it raises some big questions that definitely seem like would kill the industry in the state. Would fertilized embryos have to be stored literally forever? Surely a parent can't give consent for their child to be killed under Alabama's laws. Also it seems like the clinic in question could be gone after for some kind of negligence but the actual wrongful death should need to be pinned on the person who actually did it.

Parker's concurrence is one of the most sanctimonious pieces of legal writing I have ever seen.

Our embryo storage was $750 a year until we decided to dispose of them. I wonder what happens with people with ones already on ice. Apparently theres ways to donate them but when I looked into it, it wasnt a simple or straightforward processassuming you even found a place accepting them.

ThePieReborn posted...

Parker's concurrence is one of the most sanctimonious pieces of legal writing I have ever seen.

How does it compare to Kazmeryck's in regards to mifepristone?

republican states politicians are evil incarnate

CADE_FOSTER posted...

republican states politicians are evil incarnate

And we let them get away with it because of our refusal to actually confront them and their voters. When was the last time any of us have ever disowned or publicly condemned our Republican-voting relatives?

If it wasnt for IVF, I wouldnt have my daughter.

The Alabama Supreme Court can kick rocks.

Sometimes I swear this is a game, where every red state looks at the revolting things other red states are doing and goes "that's cute, how about we do you one better" in an endless arms race of the most vile bills and court rulings imaginable

This is one way to have an abortion ban. -_-

Maybe It's time for federal intervention.

If anyone does believe they did it for moral reasons, well Alabama didn't lift their ban on interracial marriages until 2000.

Antiyonder posted...

If anyone does believe they did it for moral reasons, well Alabama didn't lift their ban on interracial marriages until 2000.

Why did they lift the ban to begin with?

Humble_Novice posted...

Why did they lift the ban to begin with?

Not really sure, but given how that is a long time to overturn, I'd argue it only makes a difference if they did so without needing votes for interracial marriage.

Kradek posted...

How does it compare to Kazmeryck's in regards to mifepristone?

The two are not quite comparable. Kaczmeryk's is an abomination of selective expert materials and an unreasonable stretching of standing doctrines.

Parker's is... something else. It's an abortion of emotionally charged language that reads like an article you would find on The Federalist. It is utterly devoid of legal reasoning and incorporates theological hoopty ass bullshit (technical term, by the way) as a substitute. It has no business being a part of an appellate opinion.

I'm sure that crippling the state's IVF practice and driving medical professionals to less-insane areas will be nothing but a benefit for Alabama's birth rates.

[LFAQs-redacted-quote]

I'm guessing to discourage clinics from storing embryo's and force babymak- I mean women- to pump out babies the "natural" way, and basically ostracize non-babymak- I mean infertile women.

[LFAQs-redacted-quote]



Assuming I read the article correctly

In this particular case, its so the owners of the frozen embryos can sue for wrongful death in a case where the embryos were tampered with and destroyed by someone not working at the clinic.

In a case originating from Mobile, LePage v. Mobile Infirmary Clinic, Inc., the Supreme Court held in a 7-2 decision that parents of frozen embryos killed at an IVF clinic when an intruder tampered with an IVF freezer may proceed with a wrongful death lawsuit against the clinic for alleged negligence.

But this has slippery slope written all over it.

Sign up for IVF and get stuff frozen.
Don't pay the bill.
They can't destroy your samples because that would be murder.
Profit.

[LFAQs-redacted-quote]

LeCh0nk posted...

I'm guessing to discourage clinics from storing embryo's and force babymak- I mean women- to pump out babies the "natural" way, and basically ostracize non-babymak- I mean infertile women.

bigblu89 posted...

Assuming I read the article correctly

In this particular case, its so the owners of the frozen embryos can sue for wrongful death in a case where the embryos were tampered with and destroyed by someone not working at the clinic.

But this has slippery slope written all over it.

I was talking about the reasoning for the ruling given by the judge, which was essentially "you are asking us to create an exception to a law based on public policy concerns rather than dealing with that in the legislature." Not the reasoning behind the shitty law being made in the first place.

Finally, the defendants and their amicus devote large portions of their briefs to emphasizing undesirable public-policy outcomes that, they say, will arise if this Court does not create an exception to wrongful-death liability for extrauterine children. In particular, they assert that treating extrauterine children as "children" for purposes of wrongful-death liability will "substantially increase the cost of IVF in Alabama" and could make cryogenic preservation onerous, he added. While we appreciate the defendants' concerns, these types of policy-focused arguments belong before the Legislature, not this Court. Judges are required to conform our rulings "to the expressions of the legislature, to the letter of the statute," and to the Constitution, "without indulging a speculation, either upon the impolicy, or the hardship, of the law."
Mitchell continued, Here, the text of the Wrongful Death of a Minor Act is sweeping and unqualified. It applies to all children, born and unborn, without limitation. It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding "unborn life" from legal protection.

bigblu89 posted...

In this particular case, its so the owners of the frozen embryos can sue for wrongful death in a case where the embryos were tampered with and destroyed by someone not working at the clinic.

Sounds like a plan to entice acts of stochastic terrorism in IVF facilities and then punish the facilities for it.

ThePieReborn posted...

The two are not quite comparable. Kaczmeryk's is an abomination of selective expert materials and an unreasonable stretching of standing doctrines.

Parker's is... something else. It's an abortion of emotionally charged language that reads like an article you would find on The Federalist. It is utterly devoid of legal reasoning and incorporates theological hoopty ass bullshit (technical term, by the way) as a substitute. It has no business being a part of an appellate opinion.

Thanks

DrizztLink posted...

Sounds like a plan to entice acts of stochastic terrorism in IVF facilities and then punish the facilities for it.

But this was doing the exact opposite.

This would be charging the people who did the tampering with wrongful death.

Again, this is a terrible law that will not doubt be abused, but in this particular instance, I understand why the ruled the way they did.

WrkHrdPlayHrdr posted...

Sign up for IVF and get stuff frozen.
Don't pay the bill.
They can't destroy your samples because that would be murder.
Profit.

You're not going to be able to do that first part in Alabama anymore. Hospitals have already cut IVF services.

https://gamefaqs.gamespot.com/a/forum/0/030d97dc.png

Humble_Novice posted...

https://gamefaqs.gamespot.com/a/forum/0/030d97dc.png

It's giving off real "slavery wasn't the cause of the civil war, of course slavery was the cause of the civil war" energy.

She's just as inauthentic as every other Republican, drives me crazy that people actually laud her as preferable to both Trump and Biden for no other reason I can imagine than she's younger, which shows how dangerously stupid this ageist viewpoint is.

They had someone on the radio who had moved out of Alabama but due to risks in moving them, kept their embryos stored there. Now they want to go forward with family plans and cant.

It makes sense if you think life begins when sperm hits egg.

It's fucking stupid though.

CADE_FOSTER posted...

republicans are evil incarnate

FTFY.

Don't give the people who vote for them election after election an out.

Humble_Novice posted...

https://gamefaqs.gamespot.com/a/forum/0/030d97dc.png

What did she say?

Ruvan22 posted...

What did she say?

Basically that an embryo is a baby.

https://www.axios.com/2022/12/20/republicans-block-ivf-fertility-bill-roe

Republicans really fucked up.

Humble_Novice posted...

And we let them get away with it because of our refusal to actually confront them and their voters. When was the last time any of us have ever disowned or publicly condemned our Republican-voting relatives?

Me
I basically told both my parents (divorced) that I will not speak with either of them until they are willing to discuss their political views and the harm they are causing (both Repuglican voters obv)