An Alabama judge highlighted what’s at risk in the 2024 election. After an Alabama Supreme Court ruled that embryos are children even if they’re in cryogenic storage, voters are realizing that reproductive rights — even beyond abortion to in vitro fertilization (IVF) — are on the table in the next election.
Legislators and candidates, seeing what this might mean for them, are scrambling to assure the public they don’t really stand for the anti-choice ideals they’ve publicly espoused, enabled, and legislated.
Since the ruling, which affirmed that a wrongful death lawsuit can be pursued over the accidental destruction of frozen embryos, IVF treatments (which inevitably result in ‘extra’ embryos that must be either destroyed, implanted, or stored indefinitely) have halted in Alabama. In other states, too, couples who had hoped to use this technology to add children to their families are anxious — if this is upheld, it could affect access across the nation.
It’s also a consequence of anti-choice extremism that reproductive freedom activists have always warned could be coming. Now that it’s here, candidates are attempting to distance themselves from it. Donald Trump turned to his social media to write:
“I strongly support the availability of IVF for couples who are trying to have a precious baby. Today, I am calling on the Alabama Legislature to act quickly to find an immediate solution to preserve the availability of IVF in Alabama. The Republican Party should always be on the side of the Miracle of Life.”
Yes, that’s the same Donald Trump who first promised to seat anti-choice Supreme Court Justices to overturn the precedent of Roe v. Wade, then seated anti-choice judges, then boasted on the campaign trail and took credit for destroying Roe v. Wade — but now he wants you to believe he’s not complicit in this, despite his actions enabling it.
His primary opponent, Nikki Haley, is doing a similar double-step. Immediately after the ruling, she assured the public that she believes embryos, unlike eggs and sperm stored independently, are babies, and should have protections. Now she’s insisting that’s not what she meant. The New Republic reported:
“Well first off all, this is, again, I didn’t say that I agreed with the Alabama ruling. The question that I was asked is, ‘Do I believe an embryo is a baby?’” Haley said on CNN Wednesday evening. “I do think that if you look in the definition, an embryo is considered an unborn baby. And so yes, I believe, from my stance, that that is.”
She says legislation should be passed to override the Alabama Supreme Court decision — but her stated stance supports the ruling.
Some Congressional Republicans have also spoken up.
Senator Tommy Tuberville, of Alabama, says he’s talked to legislators back home and that there will be legislation to keep the IVF process legal.
House Republicans, including Nancy Mace, Nick LaLota, Anthony D’Esposito, and Don Bacon all also rushed to clarify that anti-choice legislative activism was only meant to target abortion-seekers, not IVF patients. They all say they want to protect access to these treatments, according to Axios.
It’s becoming a pattern — in last year’s state-level election campaigns, Republicans tried to walk back their anti-choice rhetoric, but voters didn’t buy it. When the party suffered losses, instead of considering that enacting laws to control people’s reproductive choices is unpopular, they pointed fingers and claimed Democrats had “lied” about the goals of anti-choicers.
Now they’re again in defensive maneuvers, and the election is coming up quickly.
Below, Donald Trump claims his party and the pro-life movement support IVF access.
I've spoken with Alabama Speaker of the House @RepLedbetter and he's assured me that a bill to protect IVF will be taken up immediately. We want everyone to have the opportunity to have kids. IVF will remain legal and available in Alabama.
— Coach Tommy Tuberville (@SenTuberville) February 23, 2024
