Business
Column: Ted Cruz and Katie Britt claim to be protecting IVF with a new bill. Don't believe them
Ever since the Supreme Court upended reproductive health rights in its 2022 Dobbs decision, antiabortion activists have been trying to make the case that the decision won’t have the dire effect on women and their families that its critics foresaw.
They’ve been wrong, as has been demonstrated by the rising tide of incidents in which pregnant women have been exposed to severe injury or near-death experiences for want of a therapeutic abortion.
But the case also opened the door to legal predicaments throughout the healthcare universe — most recently via a ruling on two cases by the Alabama Supreme Court in February, effectively outlawing in-vitro fertilization in that state.
Opinion polls show that giving people a route to parenthood via IVF is immensely popular, so even conservative lawmakers have scurried to enact laws to protect the method.
Human life cannot be wrongfully destroyed without incurring the wrath of a holy God.
— Alabama Supreme Court Chief Justice Tom Parker, concurring in an anti-IVF decision
The most recent initiative comes from Republican Sens. Ted Cruz of Texas and Katie Britt of Alabama, who introduced their “IVF Protection Act” on May 20 and have been touting it in the Wall Street Journal, Bloomberg and elsewhere as a measure that “protects both life and IVF.”
Their bill does nothing of the kind. It’s a scam. More on that in a moment.
First, a brief primer on the IVF method. IVF isn’t abortion. Quite the contrary, it’s a means of creating, not terminating, a pregnancy.
But with the Supreme Court signaling via Dobbs and other recent rulings that it won’t interfere with state-level restrictions on reproductive healthcare, legislatures and courts in red states have turned their gunsights on healthcare rights of all varieties. The Alabama Supreme Court reached all the way back to an 1872 law to drive IVF out of the state.
IVF aims to help couples achieve pregnancy when medical issues prevent them from conceiving or they have concerns about heritable genetic mutations that might affect the health of their prospective offspring. Millions of Americans have employed IVF or know couples who have done so. There’s no question about its safety or its efficacy. Celebrities including the Obamas, Paris Hilton and Brooke Shields, and Republican politicians such as Rep. Michelle Steel (R-Seal Beach) have used IVF to conceive.
The procedure begins with the harvesting of unfertilized eggs from a woman’s ovaries. Subsequently, they’re fertilized by sperm from the woman’s partner. A few days later, an embryo — in some cases more than one — is placed in the woman’s uterus. Within another day or two the embryo implants itself in the uterine lining and is allowed to continue gestation normally.
To understand the act of misdirection that Cruz and Britt are pulling off, let’s examine that Alabama Supreme Court decision. The decision says almost nothing about the procedure that most laypersons think is the alpha and omega of IVF — the implantation of manually fertilized embryos into the uterus. To the extent that this process needs regulation, the justices held, that should be left up to the legislature.
But of course there’s more to IVF than that. IVF clinics typically produce multiple embryos but only implant one or two at a time. The idea is to give the parents further options if an implantation fails. In roughly half of all cases, the embryos are subjected to pre-implantation genetic testing to identfy potentially troublesome mutations.
Many couples choose IVF because they’re concerned that one or both prospective parents may be carriers of a genetic mutation that could cause a serious medical condition, and they want to know ahead of time.
“If this genetic mutation is discovered in an embryo, the embryo is usually discarded,” says Joanne Rosen, an expert in public health at Johns Hopkins. She asks whether the Alabama ruling means that “genetic testing should no longer take place because you can’t discard the embryos?”
Also, the thawing and implanting of embryos itself may damage or destroy an embryo. Typically, those embryos are discarded.
The Alabama decision was concerned almost entirely with that stage of the process — specifically with the legal status of the unused or discarded embryos. The court ruled that they fell within the protection of the state’s 1872 Wrongful Death of a Minor Act — largely because that antique law didn’t explicitly provide “an exception … for extrauterine children,” as Justice Jay Mitchell wrote for the court majority.
Indeed, the legal quandary that prompted Alabama’s IVF clinics to shut down after the ruling wasn’t that their right to implant embryos was now in question — it was their potential liability for the treatment of the unused embryos.
This isn’t a trivial issue. By some estimates, more than 1 million embryos are currently in cryogenic storage across the U.S. The Alabama ruling, if it percolates nationwide, “raises a huge question about what the obligations are for these frozen embryos,” Rosen said on the Johns Hopkins website. “Does this mean that they cannot be destroyed and have to be preserved into perpetuity?”
That’s what makes the Cruz/Britt measure so slippery. It purports to guarantee Americans access to in vitro fertilization by forbidding states to outlaw it, but defines IVF simply as “the practice whereby eggs are collected from ovaries and manually fertilized by sperm, for later placement inside of a uterus.”
Nothing there about how to treat the stored embryos or the legal consequences if any are injured in the process of fertilization or placement. Their proposal, moreover, says that nothing can block states from “implementing health and safety standards regarding the practice of in vitro fertilization.”
Abortion rights advocates will recognize that provision as a poisoned chalice, because even before the Supreme Court overturned Roe vs. Wade with its Dobbs ruling, numerous antiabortion states were imposing onerous regulations on abortion clinics in the name of “health and safety” — everything from dictating corridor widths to requiring that providers have admitting privileges at local hospitals.
These pernicious regulations are known as “TRAP laws,” for “targeted restrictions on abortion providers.” They’re “often pushed by anti-abortion politicians under the guise of ‘women’s health,’” in the words of Planned Parenthood, but their real purpose “is to shut down abortion providers and make it more difficult for people to access abortion.” In their bill, Cruz and Britt explicitly encourage more of this in relation to IVF.
One more point: The bill’s guarantee of rights even to its narrowly defined IVF is nothing like absolute. It’s tied to a state’s participation in Medicaid — states would be required to keep IVF legal as a condition of their receiving Medicaid payments.
How big a cudgel is this? In some states, almost none at all. We know this because 10 GOP-led states, mostly in the deep South, still have not expanded Medicaid under the Affordable Care Act, even though the federal government pays 90% of the cost of covering the eligible residents.
In those states, an estimated 1.5 million residents fall into the “coverage gap” — their incomes are too low to be eligible for ACA subsidies, but even though they live below the federal poverty line, their incomes are too high to be eligible for Medicaid in their states.
Those states include the home states of Britt and Cruz: Alabama (174,000 in the coverage gap) and Texas (1.2 million). It’s not hard to imagine their legislators voting to turn away Medicaid services for their poorest residents in order to preserve their status as bulwarks against reproductive health rights for women and couples.
The reaction of congressional Republicans to a proposal that would actually have protected IVF providers and patients from legal peril gives the game away. That measure, the “Access to Family Building Act,” was introduced by Sen. Tammy Duckworth (D-Ill.), who had her two children with the help of IVF.
Duckworth’s bill would have given Americans a legal right to access IVF and empowered patients and the Department of Justice to sue any state or state official who infringed that right. More to the point, it explicitly granted IVF patients “all rights regarding the use or disposition of reproductive genetic materials,” which would preempt any state from undertaking the same interference with the process endorsed by the Alabama court.
Republicans blocked Duckworth’s bill in the Senate. Asked about that on Bloomberg TV, Cruz said that her bill “seeks to back-door in broader abortion legislation.” This is just arrant claptrap. Duckworth’s measure has nothing to do with abortion; it deals explicitly and exclusively with “assisted reproductive technology” as it has been defined in federal law since 1992. Cruz’s beef with it plainly is that it is devoid of the anti-IVF loopholes that he and Britt wrote into their bill.
The cases before the Alabama Supreme Court were brought by two couples whose embryos were accidentally destroyed by an intruder at the Mobile clinic where they were frozen and stored. (Both couples had had healthy babies conceived via IVF.) The court made clear in its 8-1 decision that its rationale had nothing to do with science, and much more to do with religion.
“The theologically based view of the sanctity of life adopted by the People of Alabama,” wrote Chief Justice Tom Parker in a concurring opinion, is that “human life cannot be wrongfully destroyed without incurring the wrath of a holy God.”
The justices adopted the doctrine of legal “personhood” beloved of the antiabortion camp. “All members of this Court,” Mitchell wrote, “agree that an unborn child is a genetically unique human being whose life begins at fertilization and ends at death.”
As for how the 1872 law applies, the court employed the “originalist” doctrine largely crafted by the late Supreme Court Justice Antonin Scalia, who maintained that a law must be interpreted the way its original drafters understood it to mean. Scalia is cited 10 times in the Alabama decision, but in this case the justices squeezed “originalism” until it screamed for mercy.
“Unborn children are ‘children’ under the Act,” Mitchell wrote, “without exception based on developmental stage, physical location, or any other ancillary characteristic.” Yet the idea that 19th century lawmakers contemplated that unborn children could survive outside the womb as were the frozen embryos, and granted them legal rights is plainly absurd. The birth of Louise Brown, the very first IVF baby, was in 1978.
The sole dissenter on the Alabama court, Greg Cook, warned that “the main opinion’s holding almost certainly ends the creation of frozen embryos through in vitro fertilization in Alabama.” His concerns were dismissed by his colleagues in the majority — his “prediction does not seem to be well-founded,” sniffed Parker. Yet the IVF centers serving the bulk of patients in the state shut down in the immediate wake of the decision.
After Gov. Kay Ivey signed a protective law in March purporting to give IVF providers legal immunity, two resumed operations, but not the Mobile clinic connected with the case. And many experts are unsure whether the new law is as effective as its sponsors claim.
That’s the legacy of the U.S. Supreme Court’s Dobbs decision. Antiabortion agitators have signaled that they’ll use any means they can persuade religiously inclined judges to accept, even outlawing contraceptives. Granting “personhood” to cryogenically frozen embryos that can’t be seen without a microscope is just one step on the path to the legal chaos they believe works in their favor.
In their Wall Street Journal op-ed, Cruz and Britt shed crocodile tears over the fact that, following the Alabama decision, “confusion and misinformation has spread, inflamed by partisan commentary.” This was a majestically dishonest take. Their own bill demonstrates that “partisan commentary” had nothing to do with the confusion. The Alabama decision was its cause. Their own bill would only make things worse, and you can be sure that they know it.
Business
Commentary: A leading roboticist punctures the hype about self-driving cars, AI chatbots and humanoid robots
It may come to your attention that we are inundated with technological hype. Self-driving cars, human-like robots and AI chatbots all have been the subject of sometimes outlandishly exaggerated predictions and promises.
So we should be thankful for Rodney Brooks, an Australian-born technologist who has made it one of his missions in life to deflate the hyperbole about these and other supposedly world-changing technologies offered by promoters, marketers and true believers.
As I’ve written before, Brooks is nothing like a Luddite. Quite the contrary: He was a co-founder of IRobot, the maker of the Roomba robotic vacuum cleaner, though he stepped down as the company’s chief technology officer in 2008 and left its board in 2011. He’s a co-founder and chief technology officer of RobustAI, which makes robots for factories and warehouses, and former director of computer science and artificial intelligence labs at Massachusetts Institute of Technology.
Having ideas is easy. Turning them into reality is hard. Turning them into being deployed at scale is even harder.
— Rodney Brooks
In 2018, Brooks published a post of dated predictions about the course of major technologies and promised to revisit them annually for 32 years, when he would be 95. He focused on technologies that were then — and still are — the cynosures of public discussion, including self-driving cars, human space travel, AI bots and humanoid robots.
“Having ideas is easy,” he wrote in that introductory post. “Turning them into reality is hard. Turning them into being deployed at scale is even harder.”
Brooks slotted his predictions into three pigeonholes: NIML, for “not in my lifetime,” NET, for “no earlier than” some specified date, and “by some [specified] date.”
On Jan. 1 he published his eighth annual predictions scorecard. He found that over the years “my predictions held up pretty well, though overall I was a little too optimistic.”
For example in 2018 he predicted “a robot that can provide physical assistance to the elderly over multiple tasks [e.g., getting into and out of bed, washing, using the toilet, etc.]” wouldn’t appear earlier than 2028; as of New Year’s Day, he writes, “no general purpose solution is in sight.”
The first “permanent” human colony on Mars would come no earlier than 2036, he wrote then, which he now calls “way too optimistic.” He now envisions a human landing on Mars no earlier than 2040, and the settlement no earlier than 2050.
A robot that seems “as intelligent, as attentive, and as faithful, as a dog” — no earlier than 2048, he conjectured in 2018. “This is so much harder than most people imagine it to be,” he writes now. “Many think we are already there; I say we are not at all there.” His verdict on a robot that has “any real idea about its own existence, or the existence of humans in the way that a 6-year-old understands humans” — “Not in my lifetime.”
Brooks points out that one way high-tech promoters finesse their exaggerated promises is through subtle redefinition. That has been the case with “self-driving cars,” he writes. Originally the term referred to “any sort of car that could operate without a driver on board, and without a remote driver offering control inputs … where no person needed to drive, but simply communicated to the car where it should take them.”
Waymo, the largest purveyor of self-driven transport, says on its website that its robotaxis are “the embodiment of fully autonomous technology that is always in control from pickup to destination.” Passengers “can sit in the back seat, relax, and enjoy the ride with the Waymo Driver getting them to their destination safely.”
Brooks challenges this claim. One hole in the fabric of full autonomy, he observes, became clear Dec. 20, when a power blackout blanketing San Francisco stranded much of Waymo’s robotaxi fleet on the streets. Waymos, which can read traffic lights, clogged intersections because traffic lights went dark.
The company later acknowledged its vehicles occasionally “require a confirmation check” from humans when they encounter blacked-out traffic signals or other confounding situations. The Dec. 20 blackout, Waymo said, “created a concentrated spike in these requests,” resulting in “a backlog that, in some cases, led to response delays contributing to congestion on already-overwhelmed streets.”
It’s also known that Waymo pays humans to physically deal with vehicles immobilized by — for example — a passenger’s failure to fully close a car door when exiting. They can be summoned via the third-party app Honk, which chiefly is used by tow truck operators to find stranded customers.
“Current generation Waymos need a lot of human help to operate as they do, from people in the remote operations center to intervene and provide human advice for when something goes wrong, to Honk gig workers scampering around the city,” Brooks observes.
Waymo told me its claim of “fully autonomous” operation is based on the fact that the onboard technology is always in control of its vehicles. In confusing situations the car will call on Waymo’s “fleet response” team of humans, asking them to choose which of several optional paths is the best one. “Control of the vehicle is always with the Waymo Driver” — that is, the onboard technology, spokesman Mark Lewis told me. “A human cannot tele-operate a Waymo vehicle.”
As a pioneering robot designer, Brooks is particularly skeptical about the tech industry’s fascination with humanoid robots. He writes from experience: In 1998 he was building humanoid robots with his graduate students at MIT. Back then he asserted that people would be naturally comfortable with “robots with humanoid form that act like humans; the interface is hardwired in our brains,” and that “humans and robots can cooperate on tasks in close quarters in ways heretofore imaginable only in science fiction.”
Since then it has become clear that general-purpose robots that look and act like humans are chimerical. In fact in many contexts they’re dangerous. Among the unsolved problems in robot design is that no one has created a robot with “human-like dexterity,” he writes. Robotics companies promoting their designs haven’t shown that their proposed products have “multi-fingered dexterity where humans can and do grasp things that are unseen, and grasp and simultaneously manipulate multiple small objects with one hand.”
Two-legged robots have a tendency to fall over and “need human intervention to get back up,” like tortoises fallen on their backs. Because they’re heavy and unstable, they are “currently unsafe for humans to be close to when they are walking.”
(Brooks doesn’t mention this, but even in the 1960s the creators of “The Jetsons” understood that domestic robots wouldn’t rely on legs — their robot maid, Rosie, tooled around their household on wheels, a perception that came as second nature to animators 60 years ago but seems to have been forgotten by today’s engineers.)
As Brooks observes, “even children aged 3 or 4 can navigate around cluttered houses without damaging them. … By age 4 they can open doors with door handles and mechanisms they have never seen before, and safely close those doors behind them. They can do this when they enter a particular house for the first time. They can wander around and up and down and find their way.
“But wait, you say, ‘I’ve seen them dance and somersault, and even bounce off walls.’ Yes, you have seen humanoid robot theater. “
Brooks’ experience with artificial intelligence gives him important insights into the shortcomings of today’s crop of large language models — that’s the technology underlying contemporary chatbots — what they can and can’t do, and why.
“The underlying mechanism for Large Language Models does not answer questions directly,” he writes. “Instead, it gives something that sounds like an answer to the question. That is very different from saying something that is accurate. What they have learned is not facts about the world but instead a probability distribution of what word is most likely to come next given the question and the words so far produced in response. Thus the results of using them, uncaged, is lots and lots of confabulations that sound like real things, whether they are or not.”
The solution is not to “train” LLM bots with more and more data, in the hope that eventually they will have databases large enough to make their fabrications unnecessary. Brooks thinks this is the wrong approach. The better option is to purpose-build LLMs to fulfill specific needs in specific fields. Bots specialized for software coding, for instance, or hardware design.
“We need guardrails around LLMs to make them useful, and that is where there will be lot of action over the next 10 years,” he writes. “They cannot be simply released into the wild as they come straight from training. … More training doesn’t make things better necessarily. Boxing things in does.”
Brooks’ all-encompassing theme is that we tend to overestimate what new technologies can do and underestimate how long it takes for any new technology to scale up to usefulness. The hardest problems are almost always the last ones to be solved; people tend to think that new technologies will continue to develop at the speed that they did in their earliest stages.
That’s why the march to full self-driving cars has stalled. It’s one thing to equip cars with lane-change warnings or cruise control that can adjust to the presence of a slower car in front; the road to Level 5 autonomy as defined by the Society of Automotive Engineers — in which the vehicle can drive itself in all conditions without a human ever required to take the wheel — may be decades away at least. No Level 5 vehicles are in general use today.
Believing the claims of technology promoters that one or another nirvana is just around the corner is a mug’s game. “It always takes longer than you think,” Brooks wrote in his original prediction post. “It just does.”
Business
Versant launches, Comcast spins off E!, CNBC and MS NOW
Comcast has officially spun off its cable channels, including CNBC and MS NOW, into a separate company, Versant Media Group.
The transaction was completed late Friday. On Monday, Versant took a major tumble in its stock market debut — providing a key test of investors’ willingness to hold on to legacy cable channels.
The initial outlook wasn’t pretty, providing awkward moments for CNBC anchors reporting the story.
Versant fell 13% to $40.57 a share on its inaugural trading day. The stock opened Monday on Nasdaq at $45.17 per share.
Comcast opted to cast off the still-profitable cable channels, except for the perennially popular Bravo, as Wall Street has soured on the business, which has been contracting amid a consumer shift to streaming.
Versant’s market performance will be closely watched as Warner Bros. Discovery attempts to separate its cable channels, including CNN, TBS and Food Network, from Warner Bros. studios and HBO later this year. Warner Chief Executive David Zaslav’s plan, which is scheduled to take place in the summer, is being contested by the Ellison family’s Paramount, which has launched a hostile bid for all of Warner Bros. Discovery.
Warner Bros. Discovery has agreed to sell itself to Netflix in an $82.7-billion deal.
The market’s distaste for cable channels has been playing out in recent years. Paramount found itself on the auction block two years ago, in part because of the weight of its struggling cable channels, including Nickelodeon, Comedy Central and MTV.
Management of the New York-based Versant, including longtime NBCUniversal sports and television executive Mark Lazarus, has been bullish on the company’s balance sheet and its prospects for growth. Versant also includes USA Network, Golf Channel, Oxygen, E!, Syfy, Fandango, Rotten Tomatoes, GolfNow, GolfPass and SportsEngine.
“As a standalone company, we enter the market with the scale, strategy and leadership to grow and evolve our business model,” Lazarus, who is Versant’s chief executive, said Monday in a statement.
Through the spin-off, Comcast shareholders received one share of Versant Class A common stock or Versant Class B common stock for every 25 shares of Comcast Class A common stock or Comcast Class B common stock, respectively. The Versant shares were distributed after the close of Comcast trading Friday.
Comcast gained about 3% on Monday, trading around $28.50.
Comcast Chairman Brian Roberts holds 33% of Versant’s controlling shares.
Business
Ties between California and Venezuela go back more than a century with Chevron
As a stunned world processes the U.S. government’s sudden intervention in Venezuela — debating its legality, guessing who the ultimate winners and losers will be — a company founded in California with deep ties to the Golden State could be among the prime beneficiaries.
Venezuela has the largest proven oil reserves on the planet. Chevron, the international petroleum conglomerate with a massive refinery in El Segundo and headquartered, until recently, in San Ramon, is the only foreign oil company that has continued operating there through decades of revolution.
Other major oil companies, including ConocoPhillips and Exxon Mobil, pulled out of Venezuela in 2007 when then-President Hugo Chávez required them to surrender majority ownership of their operations to the country’s state-controlled oil company, PDVSA.
But Chevron remained, playing the “long game,” according to industry analysts, hoping to someday resume reaping big profits from the investments the company started making there almost a century ago.
Looks like that bet might finally pay off.
In his news conference Saturday, after U.S. Special Forces snatched Venezuelan President Nicolás Maduro and his wife in Caracas and extradited them to face drug-trafficking charges in New York, President Trump said the U.S. would “run” Venezuela and open more of its massive oil reserves to American corporations.
“We’re going to have our very large U.S. oil companies, the biggest anywhere in the world, go in, spend billions of dollars, fix the badly broken infrastructure, the oil infrastructure, and start making money for the country,” Trump said during a news conference Saturday.
While oil industry analysts temper expectations by warning it could take years to start extracting significant profits given Venezuela’s long-neglected, dilapidated infrastructure, and everyday Venezuelans worry about the proceeds flowing out of the country and into the pockets of U.S. investors, there’s one group who could be forgiven for jumping with unreserved joy: Chevron insiders who championed the decision to remain in Venezuela all these years.
But the company’s official response to the stunning turn of events has been poker-faced.
“Chevron remains focused on the safety and well-being of our employees, as well as the integrity of our assets,” spokesman Bill Turenne emailed The Times on Sunday, the same statement the company sent to news outlets all weekend. “We continue to operate in full compliance with all relevant laws and regulations.”
Turenne did not respond to questions about the possible financial rewards for the company stemming from this weekend’s U.S. military action.
Chevron, which is a direct descendant of a small oil company founded in Southern California in the 1870s, has grown into a $300-billion global corporation. It was headquartered in San Ramon, just outside of San Francisco, until executives announced in August 2024 that they were fleeing high-cost California for Houston.
Texas’ relatively low taxes and light regulation have been a beacon for many California companies, and most of Chevron’s competitors are based there.
Chevron began exploring in Venezuela in the early 1920s, according to the company’s website, and ramped up operations after discovering the massive Boscan oil field in the 1940s. Over the decades, it grew into Venezuela’s largest foreign investor.
The company held on over the decades as Venezuela’s government moved steadily to the left; it began to nationalize the oil industry by creating a state-owned petroleum company in 1976, and then demanded majority ownership of foreign oil assets in 2007, under then-President Hugo Chávez.
Venezuela has the world’s largest proven crude oil reserves — meaning they’re economical to tap — about 303 billion barrels, according to the U.S. Energy Information Administration.
But even with those massive reserves, Venezuela has been producing less than 1% of the world’s crude oil supply. Production has steadily declined from the 3.5 million barrels per day pumped in 1999 to just over 1 million barrels per day now.
Currently, Chevron’s operations in Venezuela employ about 3,000 people and produce between 250,000 and 300,000 barrels of oil per day, according to published reports.
That’s less than 10% of the roughly 3 million barrels the company produces from holdings scattered across the globe, from the Gulf of Mexico to Kazakhstan and Australia.
But some analysts are optimistic that Venezuela could double or triple its current output relatively quickly — which could lead to a windfall for Chevron.
The Associated Press contributed to this report.
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