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Opinion: Let’s thank the Alabama Supreme Court

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Opinion: Let’s thank the Alabama Supreme Court


I never thought I’d be grateful to the Alabama Supreme Court for anything, but now I am. With its decision deeming frozen embryos to be children under state law, that all-Republican court has done the impossible. It has awakened the American public, finally, to the peril of the theocratic future toward which the country has been hurtling.

The U.S. Supreme Court’s June 2022 decision that erased the constitutional right to abortion was an alert, too, of course, leaving Republicans scrambling to distance themselves from the fruits of the court they had populated with such glee only a few years earlier. The fact that religious doctrine lay at the heart of Justice Samuel Alito’s majority opinion in Dobbs v. Jackson Women’s Health Organization was perfectly clear, as I observed then. Dobbs is usually discussed today as a conservative power play, however, rather than as a projection of a religious view of fetal life onto both a largely unwilling public and the Constitution itself.

But there’s no avoiding the theological basis of the Alabama court’s solicitude for “extrauterine children,” to use the majority opinion’s phrase. In a concurring opinion in which he referred to embryos as “little people,” Tom Parker, Alabama’s chief justice, rested his analysis on what’s become known as the Sanctity of Unborn Life Amendment that Alabama voters added to the state’s Constitution in 2018. “It is as if the people of Alabama took what was spoken of the prophet Jeremiah and applied it to every unborn person in this state: ‘Before I formed you in the womb I knew you. Before you were born I sanctified you,’” the chief justice wrote.

The decision was a shock, causing immediate chaos and heartbreak as fertility centers in Alabama paused their in vitro fertilization practices, crushing dreams of long-deferred parenthood even for couples whose embryos were days away from being transferred. (The cowardice of the medical profession is a notable feature of the post-Dobbs era; listen to Monday’s episode of “The Daily” for one young woman’s despairing account of what she experienced.)

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But should it really have been such a surprise? The country is awash in religiosity when it comes to human reproduction. More than 120 Republican members of the House of Representatives have signed on as co-sponsors of the Life at Conception Act. Among them is their leader, Speaker Mike Johnson, an evangelical Christian who has called abortion “an American holocaust.” The bill provides that “the terms ‘human person’ and ‘human being’ include each and every member of the species homo sapiens at all stages of life, including the moment of fertilization, cloning or other moment at which an individual member of the human species comes into being.”

While the bill doesn’t mention in vitro fertilization, the implications for I.V.F. are clear on the face of its text. Now many of its co-sponsors are urgently assuring their constituents that they don’t really mean that.

A startling example of religion infiltrating the engines of government is playing out in Idaho. The state’s attorney general, Raúl Labrador, has brought on the group Alliance Defending Freedom, a prominent Christian legal organization, to help argue Idaho’s Supreme Court challenge to a Biden administration policy that requires hospitals to provide abortion if necessary when a woman arrives in the emergency room in a pregnancy-induced medical crisis. The federal law, the Emergency Medical Treatment and Labor Act, requires hospitals to provide either “necessary stabilizing treatment” for any emergency room patient or a transfer to another hospital, while Idaho’s abortion law permits terminating a pregnancy only in cases of rape and incest and to prevent “death.”

In making its argument, Idaho says in its brief to the court that it has a record of “150 years of protecting life” and that the federal medical treatment law “does not require emergency rooms to become abortion enclaves in violation of state law.” The case is set for argument in April.

As the full force of the Alabama court’s decision sank in, the state’s Republican governor, Kay Ivey, and leaders of the Republican-controlled State Legislature have vowed to enact a legislative fix to protect I.V.F. That may not be so simple. The 1872 state law on which Justice Jay Mitchell based his majority opinion, the Wrongful Death of a Minor Act, presumably could be replaced by new legislation. But Chief Justice Parker warned in his concurring opinion that the recent voter-approved constitutional protection for “unborn life” would stand in the way.

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“Carving out an exception for the people in this case, small as they were,” he wrote, in reference to the destroyed frozen embryos at the heart of the case, “would be unacceptable to the people of this state, who have required us to treat every human being in accordance with the fear of a holy God who made them in his image.”

As Alabama’s political leaders search for a way out of this mess, I can’t help but notice their silence on the closely related subject of abortion. As soon as the Supreme Court overturned Roe v. Wade, Alabama’s pre-Dobbs abortion law sprang into effect. It is a total ban, making an exception only to prevent “a serious health risk” to the pregnant woman, not for pregnancies resulting from rape or incest. As of 2021, Alabama had the fourth-highest maternal death rate in the country, behind only Arkansas, Mississippi and Tennessee. (To put this in perspective, a woman giving birth in Alabama is more than four times as likely to die in the process or soon thereafter as one in California.) Restoring access to abortion might seem to be a logical, even natural topic of conversation.

So why do we hear nothing from those so quick to self-protectively bemoan the state court’s I.V.F. decision? Religion is part of the answer, no doubt, but there is something more. Abortion is generally portrayed as a woman’s issue; an unwanted or even dangerous pregnancy is her problem. Infertility, by contrast, is seen as a couple’s problem. That means there is a man involved (even if, for lesbian couples, for example, or for single women, that man is only a sperm donor). And when men have a problem, we know the world is going to snap to attention.

Rhetoric about the “sanctity of unborn life,” in the words of Alabama’s Constitution, has for too long been cost-free, a politician’s cheap thrill. Now we see that, taken to extremes in the hands of the ideologues our current political culture nurtures, it has a price, one that society now seems reluctant to pay. For that realization, we can, as I said earlier, thank the Alabama Supreme Court.

Linda Greenhouse, the winner of a 1998 Pulitzer Prize, reported on the Supreme Court for The New York Times from 1978 to 2008. She is the author of “Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court.” This article originally appeared in The New York Times.

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Incoming Alabama basketball transfer confirms commitment amid ‘false rumors’

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Incoming Alabama basketball transfer confirms commitment amid ‘false rumors’


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Transfer portal gossip is nothing new, and the buzz continues to surround Alabama basketball after a fourth consecutive Sweet 16 run.

Earlier this week, an incoming Crimson Tide forward became the latest subject of that speculation, and he didn’t wait long to respond.

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After spending his freshman year at Mississippi State, Jamarion Davis-Fleming will join the Crimson Tide’s roster for the 2026-27 season. Days ago, though, rumors circulated that he had not signed with Alabama and was considering a return to Starkville.

On Friday, May 1, Davis-Fleming put any doubt that he was going to play for anyone other than coach Nate Oats to rest.

“Stop with the false rumors, I’m Locked in with The Tide,” Davis-Fleming wrote.

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With the Bulldogs, Davis-Fleming averaged 3.7 points and 4.8 rebounds per game while shooting 67.6% across 32 games.

Davis-Fleming is the brother of former Crimson Tide forward Javian Davis, who played under Oats during his first season at the helm of Alabama.

Three other transfer commits are expected to join Davis-Fleming next season, including Brandon Garrison (Kentucky), Cole Cloer (NC State) and Drew Fielder (Boise State). Per 247Sports, the Crimson Tide’s transfer ranking is 19th in the nation.

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Emilee Smarr covers Alabama basketball and Crimson Tide athletics for The Tuscaloosa News. She can be reached via email at esmarr@usatodayco.com.



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Alabama becomes second state to move to redraw maps after Supreme Court ruling | CNN Politics

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Alabama becomes second state to move to redraw maps after Supreme Court ruling | CNN Politics


Alabama Gov. Kay Ivey on Friday announced the Republican-controlled state legislature will hold a special session next week to pave the way for redistricting – becoming the second state to take action following the Supreme Court’s decision further weakening the Voting Rights Act.

Lawmakers will meet starting Monday to establish a special primary election for both US House and state Senate districts “whose boundary lines are altered by court action,” Ivey, a Republican, said in her proclamation.

The state’s primary election is slated for May 19.

In the immediate aftermath of the high court’s Wednesday ruling striking down a majority-Black congressional district in Louisiana, Ivey indicated that her state would not attempt to redraw its lines. Alabama currently is under a court order prohibiting the state from redistricting until after the 2030 census.

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But Ivey and other officials have faced intense pressure to act. Alabama Attorney General Steve Marshall on Thursday filed motions asking the high court to move quickly to lift the injunctions so Alabama can proceed with redistricting.

State efforts to redraw their lines ahead of November’s midterm elections carry high stakes for both political parties. Republicans currently hold a paper-thin majority in the House, and both parties have waged a coast-to-coast mid-decade redistricting war for months, seeking to eke out a partisan advantage.

Redistricting typically occurs once a decade, after the census.

This week’s ruling from the Supreme Court – which makes it significantly harder to challenge redistricting plans as discriminatory – has set off a fresh redistricting scramble.

In a statement, Ivey said she is calling the special session in the hopes that the state will prevail in court. Alabama is currently represented in the US House by five Republicans and two Democrats, after courts ordered the creation of a second congressional district with a sizable Black population.

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Ivey’s action comes a day after Republican officials in Louisiana announced that they were delaying the state’s primary elections for US House, although overseas ballots have already been mailed. Louisiana officials say they will not count votes cast in the May 16 election for US House seats, as the legislature looks to draw a new map.

Voters, civil rights organizations and other groups have filed legal challenges, seeking to block the Louisiana plan.

CNN’s John Fritze contributed to this report.



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Alabama grocery tax holiday starts May 1

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Alabama grocery tax holiday starts May 1


HUNTSVILLE, Ala. (WAFF) – Alabama’s new grocery tax holiday starts May 1 and runs through the end of June.

For the first time since sales tax was created in 1939, shoppers in the state will not pay state tax on groceries.

House Bill 527 became law in early April. For the next three years, Alabamians will get two months without the 2 percent grocery tax.

State representative Mike Shaw added the holiday to the bill that Huntsville representative James Lomax sponsored.

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According to the USDA, the average family of four spends around $1,000 a month on groceries. Without the 2 percent tax, that family would save around $40 by the end of the two-month holiday.

“One thing I hear from my constituents all the time is, when are we going to get rid of the grocery tax?” Shaw said. “Because we’re doing it in an incremental way, every step doesn’t sound like a lot. But when you add the 2 percent, we’ve already cut and the 2 percent of the grocery tax holiday, it’s going to be a significant chunk of cash in people’s pockets over time.”

The grocery tax has already been slashed in half since 2023.

Shopper Kelli Taylor said any break helps.

“Last month I could fill my vehicle up for 60 bucks. Last week, it was 93 dollars, so everything’s going up,” Taylor said. “So, to me, any break is a welcomed break, and 2 percent is a lot more than 0 percent, so I’ll take it,” Taylor said.

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Alabama is one of only eight states that still has a grocery tax. Shaw said lawmakers will keep pushing toward eliminating it entirely.

An important part is making sure the Education Trust Fund (ETF) can handle it, which has lost millions of dollars of grocery tax funding since the cuts.

The holiday only applies to the state tax. Local city and county sales taxes on food remain in effect.

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