Southeast
Alabama frozen embryo ruling will limit fertility treatment access, critics say
The Alabama Supreme Court has ruled that frozen embryos can be considered children under state law, a decision critics said could have sweeping implications for fertility treatment in the state.
The decision was issued in a pair of wrongful death cases brought by three couples who had frozen embryos destroyed in an accident at a fertility clinic. Justices, citing anti-abortion language in the Alabama Constitution, ruled that an 1872 state law allowing parents to sue over the death of a minor child “applies to all unborn children, regardless of their location.”
“Unborn children are ‘children’ … without exception based on developmental stage, physical location, or any other ancillary characteristics,” Justice Jay Mitchell wrote in Friday’s majority ruling by the all-Republican court.
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Mitchell said the court had previously ruled that fetuses killed while a woman is pregnant are covered under Alabama’s Wrongful Death of a Minor Act and nothing excludes “extrauterine children from the Act’s coverage.”
The ruling brought a rush of warnings about the potential impact on fertility treatments and the freezing of embryos, which had previously been considered property by the courts.
“This ruling is stating that a fertilized egg, which is a clump of cells, is now a person. It really puts into question, the practice of IVF,” Barbara Collura, CEO of RESOLVE: The National Infertility Association, told The Associated Press Tuesday. The group called the decision a “terrifying development for the 1-in-6 people impacted by infertility” who need in-vitro fertilization.
Containers holding frozen embryos and sperm are stored in liquid nitrogen at a fertility clinic in Fort Myers, Fla., on Oct. 2, 2018. The Alabama Supreme Court ruled that frozen embryos are considered children under state law on Feb. 16, 2024. (AP Photo/Lynne Sladky, File)
She said it raises questions for providers and patients, including if they can freeze future embryos created during fertility treatment or if patients could ever donate or destroy unused embryos.
Sean Tipton, a spokesman with the American Society for Reproductive Medicine, said at least one Alabama fertility clinic has been instructed by their affiliated hospital to pause IVF treatment in the immediate wake of the decision.
Dr. Paula Amato, president of the American Society for Reproductive Medicine, said a decision to treat frozen fertilized egg as the legal equivalent of a child or gestating fetus could limit the availability of modern health care.
“By insisting that these very different biological entities are legally equivalent, the best state-of-the-art fertility care will be made unavailable to the people of Alabama. No health care provider will be willing to provide treatments if those treatments may lead to civil or criminal charges,” Amato said.
Gabby Goidel, 26, who is pursuing IVF treatment in Alabama after three miscarriages, said the court ruling came down on the same day she began daily injections ahead of egg retrieval.
“It just kind of took me by storm. It was like all I could think about and it was just a very stressful thing to hear. I immediately messaged my clinic and asked if this could potentially halt us. They said we have to take it one day at a time,” Goidel said.
She said her clinic is continuing to provide treatment for now, but said it will let her know if they have to change course.
Goidel said she turned to IVF and preimplantation genetic testing after the multiple miscarriages related to genetic issues.
“Without IVF, I would have to probably go through several more miscarriages before I even had an option of having a baby that is my own,” she said.
The plaintiffs in the Alabama case had undergone IVF treatments that led to the creation of several embryos, some of which were implanted and resulted in healthy births. The couples paid to keep others frozen in a storage facility at the Mobile Infirmary Medical Center. A patient in 2020 wandered into the area and removed several embryos, dropping them on the floor and “killing them,” the ruling said.
The justices ruled that wrongful death lawsuits by the couples could proceed. The clinic and hospital that are defendants in the case could ask the court to reconsider its decision.
Michael Upchurch, a lawyer for the fertility clinic in the lawsuit, Center for Reproductive Medicine, said they are “evaluating the consequences of the decision and have no further comment at this time.”
An anti-abortion group cheered the decision. “Each person, from the tiniest embryo to an elder nearing the end of his life, has incalculable value that deserves and is guaranteed legal protection,” Lila Rose, president and founder of Live Action said in a statement.
Chief Justice Tom Parker issued a concurring opinion in which he quoted the Bible in discussing the meaning of the phrase “the sanctity of unborn life” in the Alabama Constitution.
“Even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory,” Parker said.
Justice Greg Cook, who filed the only full dissent to the majority opinion, said the 1872 law did not define “minor child” and was being stretched from the original intent to cover frozen embryos.
“No court — anywhere in the country — has reached the conclusion the main opinion reaches,” he wrote, adding the ruling “almost certainly ends the creation of frozen embryos through in vitro fertilization (IVF) in Alabama.”
The Alabama Supreme Court decision partly hinged on anti-abortion language added to the Alabama Constitution in 2018, stating it is the “policy of this state to ensure the protection of the rights of the unborn child.”
Supporters at the time said it would have no impact unless states gained more control over abortion access. States gained control of abortion access in 2022.
White House press secretary Karine Jean-Pierre said the Alabama decision reflected the consequences of the Supreme Court overturning Roe v. Wade and blamed Republican elected officials from blocking access to reproductive and emergency care to women.
“This president and this vice president will continue to fight to protect access to reproductive health care and call on Congress to restore the protections of Roe v. Wade in federal law for all women in every state,” Jean-Pierre told reporters aboard Air Force One.
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Southeast
Illegal immigrant arrested after showing up to Florida Border Patrol office for contract IT work
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FIRST ON FOX: An illegal immigrant who reported to a U.S. Border Patrol site in Florida to perform some Information technology contractual work was arrested when authorities were made aware of his citizenship status, officials said.
Angel Camacho, a Venezuelan citizen, reported to a USBP center in Dania Beach, Florida, Jan. 6 to do some IT work when U.S. Customs and Border Protection (CBP) officials began vetting him, the Department of Homeland Security (DHS) told Fox News Digital.
During its investigation, it was revealed Camacho was in violation of U.S. immigration laws, authorities said.
Angel Camacho reported to a Florida U.S. Border Patrol center to perform contractual work when he was arrested, a Department of Homeland Security official said. (Getty Images )
“CBP vets all external visitors before allowing them to enter secure facilities to ensure safety and operational integrity,” DHS Deputy Assistant Secretary Lauren Bis said in a statement.
“During the vetting process, CBP uncovered this individual was a tourist visa overstay in the country for over five years.”
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This photo shows a U.S. Border Patrol patch on a border agent’s uniform in McAllen, Texas, Jan. 15, 2019. (Suzanne CordeiroAFP via Getty Images)
Camacho was arrested and transferred to ICE custody, Bis said.
His criminal history includes theft and resisting a Florida Highway Patrol officer, officials said. Federal authorities have nabbed several illegal immigrants in the process of trying to obtain employment in law enforcement and education.
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One Sierra Leone citizen was recently arrested as he was training to become a Pennsylvania corrections officer.
Another illegal immigrant, Ian Roberts, served as the former superintendent of Iowa’s largest district, Des Moines Public Schools, before he was arrested by ICE.
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A Georgia high school teacher was arrested Wednesday after allegations of inappropriate contact between a teacher and a minor student surfaced at Lee County High School.
Danielle Weaver, 29, of Leesburg, is charged with child molestation and improper sexual contact by an employee, agent or foster parent, according to the Georgia Bureau of Investigations (GBI).
Lee County High School requested the Leesburg Police Department investigate the allegations on Feb. 3, and the GBI was called to assist the following day.
Danielle Weaver, 29, of Leesburg, Ga., is charged with child molestation and improper sexual contact by an employee. (Lee County Sheriff’s Office)
Investigators identified Weaver as the “subject,” and identified the victim as a student under 18 years old at Lee County High School, according to officials.
GBI agents continued the investigation along with the Leesburg Police Department, and arrest warrants were obtained for Weaver on Tuesday.
A Google Maps street view photo of Lee County High School in Leesburg, Ga. (Google Maps)
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Weaver turned herself in to the Lee County Sheriff’s Office on Wednesday, and was later released on bond, according to a report from WALB News.
This investigation is active and ongoing, according to the GBI.
The incident allegedly happened at a high school in Georgia. (Jeffrey Greenberg/Universal Images Group via Getty Images)
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Once complete, the case file will be given to the Southwestern Judicial Circuit District Attorney’s Office for prosecution.
Leesburg is located in South Georgia, and is about an hour and a half north of Tallahassee, Florida.
Lee County High School’s communications team did not immediately respond to Fox News Digital’s request for comment.
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Federal court clears way for Ten Commandments to be displayed in Louisiana public school classrooms
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A federal appeals court cleared the way Friday for a Louisiana law requiring the Ten Commandments to be displayed in public school classrooms, lifting a lower court block and reigniting debate over religion in public education.
The U.S. Court of Appeals for the Fifth Circuit voted 12-6 to lift a block first imposed in 2024, finding it was too early to determine the constitutionality of the law. Critics argue the requirement violates the separation of church and state, while supporters say the Ten Commandments are historical and foundational to U.S. law.
The court said in the majority opinion that it was unclear how schools would display the poster-sized materials, noting that the law allows additional content, like the Mayflower Compact or the Declaration of Independence, to appear alongside the Ten Commandments.
The majority wrote that there were not enough facts to “permit judicial judgment rather than speculation” when evaluating potential First Amendment concerns.
A federal appeals court on Friday lifted a lower court block on Louisiana’s Ten Commandments classroom law, bringing the measure closer to taking effect. (John Bazemore/AP)
In a concurring opinion, Circuit Judge James Ho, who was appointed by President Donald Trump, wrote that the law was constitutional and “consistent with our founding traditions.”
“It is fully consistent with the Constitution, and what’s more, it reinforces our Founders’ firm belief that the children of America should be educated about the religious foundations and traditions of our country,” Ho said, adding that the law “affirms our Nation’s highest and most noble traditions.”
Circuit Judge James L. Dennis, an appointee of former President Bill Clinton, wrote in a dissenting opinion that displaying the Ten Commandments in classrooms would amount to “exposing children to government‑endorsed religion in a setting of compulsory attendance.”
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A federal appeals court ruling on Feb. 20 allows Louisiana’s Ten Commandments classroom mandate to proceed for now. (Jay Janner/Austin American-Statesman via Getty Images)
“That is precisely the kind of establishment the Framers anticipated and sought to prevent,” he added.
The ACLU of Louisiana and other groups representing the plaintiffs said they would pursue additional legal challenges to block the law.
“Today’s ruling is extremely disappointing and would unnecessarily force Louisiana’s public school families into a game of constitutional whack-a-mole in every school district,” the groups wrote in a joint-statement. “Longstanding judicial precedent makes clear that our clients need not submit to the very harms they are seeking to prevent before taking legal action to protect their rights.”
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Louisiana Gov. Jeff Landry praised the appeals court decision on Feb. 20 allowing the Ten Commandments classroom law to move forward. (AP Photo/Mark Schiefelbein, file)
Republican Gov. Jeff Landry on Friday praised the court’s decision, writing on Facebook, “Common sense is making a comeback!”
Louisiana Attorney General Liz Murrill issued a statement following the ruling, saying schools “should follow the law.”
“Don’t kill or steal shouldn’t be controversial. My office has issued clear guidance to our public schools on how to comply with the law, and we have created multiple examples of posters demonstrating how it can be applied constitutionally,” she said.
Louisiana Attorney General Liz Murrill said schools should follow the Ten Commandments display law after a federal appeals court lifted a lower court block on Feb. 20. (Chris Graythen/Getty Images)
Joseph Davis, an attorney representing Louisiana in the case, celebrated the court’s decision.
“If the ACLU had its way, every trace of religion would be scrubbed from the fabric of our public life,” he said in a statement. “That position is at odds with our nation’s traditions and our Constitution. We’re glad the Fifth Circuit has allowed Louisiana to display the Ten Commandments in its public school classrooms.”
Friday’s ruling came after the full court agreed to reconsider the case, months after a three-judge panel ruled the Louisiana law unconstitutional.
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A similar law in Arkansas faces a federal court challenge, while Texas implemented its own Ten Commandments classroom requirement last year.
The Associated Press contributed to this report.
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