Alabama

Alabama Court Rules Frozen Embryos Made by IVF Are “Children”

Published

2 years ago

February 20, 2024

Alabama Court Rules Frozen Embryos Made by IVF Are “Children”

An embryologist prepares some eggs for thawing on Nov. 11, 2014, in Rockville, M.D.
The Washington Post via Getty Images

In a ruling that reads more like a theocrat’s sermon, the Alabama Supreme Court on Friday decided that frozen embryos — those created through in vitro fertilization — count as “children” under the state’s law.

The court’s decision specifically permits three couples whose frozen embryos were accidentally destroyed in a Mobile, Alabama, reproductive clinic to sue the facility for wrongful death. The potential consequences in the state and beyond are wide-reaching, confirming concerns of reproductive rights activists that, with Roe v. Wade dismantled, the far-right judiciary would strike blows against all aspects of reproductive health care.

“This Court has long held that unborn children are ‘children’ for purposes of Alabama’s Wrongful Death of a Minor Act,” wrote Alabama Supreme Court Justice Jay Mitchell in his opinion, concluding that “the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location.”

The couples’ embryos were destroyed when another patient in the hospital tampered with an IVF freezer and dropped a number of trays. In a 7-2 decision, the court ruled that the couples can now sue the hospital for negligence under a wrongful death statute first passed in 1872, when “the wrongful death of a minor” had certainly not encompassed frozen, single-celled eggs. The ruling reverses an earlier judge’s decision to throw the case out.

The Alabama ruling threatens the entire IVF industry in the state. It works in one of numerous ways pernicious anti-abortion and anti-trans laws around the country do: taking aim at health care treatments by rendering hospitals’ and doctors’ liability insurance unaffordable. In this case, health care providers and clinics, fearing the legal risks of storing frozen embryos endowed with legal personhood, may well end such services or face prohibitive costs.

Assisted reproduction is already unaffordable for most, and rulings like Alabama’s only risk further entrenching disparities in reproductive care access.

Since the Supreme Court overturned Roe v. Wade in 2022, Alabama has been a total abortion ban state, with no exceptions for rape or incest. Alabama is one of four states to explicitly declare that their constitution does not secure or protect the right to abortion or allow use of public funds for abortion.

Other states show that it did not need to be this way. After the Dobbs decision, voters in six states — California, Kansas, Kentucky, Michigan, Vermont, and Ohio — voted in favor of abortion protections in constitutional amendment ballot measures.

Now, Alabama’s darker path is playing the awkward role of using anti-abortion zealotry — the defense of the unborn — in a way that will likely serve as an obstacle for those who are ready and willing to become parents.

Chapter and Verse

In Friday’s ruling, Alabama Supreme Court Chief Justice Tom Parker invoked a 2018 “Sanctity of Life” amendment to the state’s constitution, ratified by voters, that requires courts to “recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life.” Parker raised the amendment with religious fervor, citing biblical verse. “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.’ Jeremiah 1:5,” the judge wrote.

In one of numerous citations from the book of Genesis included in his opinion, Parker noted, “Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of God made he man.”

Fearing the court would rule against the clinic, Alabama’s medical establishment sought to avert the ruling. “The potential detrimental impact on IVF treatment in Alabama cannot be overstated,” the Medical Association of the State of Alabama wrote in a brief in support of the clinic. “The increased exposure to wrongful death liability as advocated by the Appellants would — at best — substantially increase the costs associated with IVF.”

“More ominously,” the association said, “the increased risk of legal exposure might result in Alabama’s fertility clinics shutting down and fertility specialists moving to other states to practice fertility medicine.”

Physicians and advocates have previously noted the irony in the fact so-called pro-life efforts to imbue frozen embryos with legal personhood could lead to less reproduction. Restrictive laws on assisted reproduction passed two decades ago in Italy, for example, led to a decrease in success rates in IVF clinics and an increase in high-risk pregnancies.

There’s no real irony, however, in Christo-nationalist policies that lead to a reduction in health care options, even for people who want to parent. Pro-natalist agendas have always relied on limiting reproductive justice, in terms of the choice to end a pregnancy, and the choice to parent with safety and support. Italy’s current far-right government, for example, has combined restrictions on assisted reproduction with laws against same-sex parenting. A ruling like Alabama’s is just the latest to bring together extremist Christianity and neoliberal scarcity in privatized health care. As ever, the least resourced will suffer the most, whatever their reproductive desires.

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Alabama

Alabama defensive back officially declares for 2026 NFL draft

Published

3 hours ago

January 8, 2026

Press Room

Alabama defensive back officially declares for 2026 NFL draft

Jones transferred to Alabama from Wake Forrest prior to the 2024 campaign.

Alabama defensive back DaShawn Jones has officially declared for the 2026 NFL draft.

A senior out of Baltimore, Maryland, Jones was an excellent rotational piece in the Alabama secondary throughout the 2025 campaign. Jones joined the Crimson Tide in 2024 after transferring in from Wake Forrest, and the defensive back took full advantage of the opportunities he was given and thrived in Tuscaloosa as a result. The former three-star prospect recorded 11 solo tackles and one interception this season, as the playmaker will now turn his attention towards the NFL draft in April.

Jones was ranked as the No. 137 cornerback and the No. 1551 overall player from the class of 2021, per the 247Sports Composite rankings, prior to attending Wake Forest to begin his collegiate career. The talented defensive back played far above his expectations over the course of his college career, as the former Demon Deacon was a solid contributor during his time at both Wake Forrest and Alabama.

Jones could quickly prove to be an excellent pick up for any team that choses to draft him, as the promising playmaker’s time in Tuscaloosa officially comes to an end.

Contact/Follow us @RollTideWire on X, and like our page on Facebook to follow ongoing coverage of Alabama news, notes and opinion.

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Alabama

May they see your driver license?: Down in Alabama

Published

15 hours ago

January 8, 2026

Press Room

May they see your driver license?: Down in Alabama

Driver license, please

A case we followed here in 2022 has found its way to the Alabama Supreme Court.

AL.com’s Sarah Whites-Koditschek reports that the question is whether Alabama Police officers can demand to see people’s driver licenses or other IDs if they have probable cause.

In 2022, Childersburg Police answered a call about somebody on the property of people who were not home. The man, Michael Jennings, said he was watering flowers for his neighbors. The officers told him to provide an ID. He would only give his name as “Pastor Jennings” and refused to provide identification. Eventually the officers arrested him on a charge of obstructing government operations.

Attorney Ed Haden is representing the city and a group of police officers. He argued before the justices that state law gives officers with probable cause the authority to identify people, and that means a full name verified by identification.

Jennings attorney Henry Daniels argued the opposite, telling the justices that “Entitlement to live one’s life free from unwarranted interference by law enforcement or other governmental entities is fundamental to liberty.”

How low can you go?

Alabama’s preliminary, seasonally adjusted unemployment rate for December came in at a low 2.7% and was accompanied by record-breaking employment totals, reports AL.com’s Heather Gann.

Alabama Department of Workforce Secretary Greg Reed announced the figures on Wednesday.

Records fell for the number of people counted as employed and wage and salary employment. The difference between those two stats is that “wage and salary employment” doesn’t include a few types of workers such as the self-employed.

Alabama’s 2.7% rate was down from 3.3% in November ’24. And it was tracking well below the national rate.

According to the U.S. Bureau of Labor Statistics, the U.S. unemployment rate was 4.6%. That’s low, historically speaking, but the highest it’s been since September 2021.

RIP, songwriter Jim McBride

Huntsville native, country-music songwriter and Alabama Music Hall of Famer Jim McBride has passed away, reports AL.com’s Patrick Darrington.

McBride, who was from Huntsville, wrote or co-wrote No. 1s such as Johnny Lee’s “Bet Your Heart on Me” and Waylon Jennings’ very last chart-topper, “Rose in Paradise.”

With legends such as Kris Kristofferson, Willie Nelson and George Jones cutting his songs, he became a Nashville mainstay himself during the 1980s. In the country-music business, a lot of figures like McBride aren’t the household names of the recording artists, but the smart recording artists are going to gravitate to somebody who can take a song or a hook or an idea and turn it into something that might hit. So the songwriters become famous inside the industry and many of them are like family to the Opry stars and in high demand for late-night guitar pulls. We had another one — Bobby Tomberlin — on the podcast on Sept. 12, and he told some great stories about that life.

Well, one of those smart recording artists who wound up in McBride’s orbit in the late ’80s was a fresh-faced Alan Jackson. Their songwriter partnership produced the No. 1 songs “Someday” and CMA Single and Song of the year “Chattahoochee” as well as many others, including the Top 5s “Chasing That Neon Rainbow” and “(Who Says) You Can’t Have it All.”

That alone is a career.

Jim McBride was 78 years old.

Quoting

“To all our ICE agents in Minnesota and across the country: if you are violently attacked, SHOOT BACK.”

U.S. Sen. Tommy Tuberville, in a response to a woman’s being shot and killed in Minnesota on Wednesday after she allegedly tried to drive her SUV into an immigration officer.

By the Numbers

60%

That’s the percentage of Alabamians in an AL.com survey that said they expect to spend more on housing or rental costs this year compared to 2025.

Born on This Date

In 1977, actress Amber Benson of Birmingham.

The podcast

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Alabama

Former Alabama OL starter transferring to SEC rival

Published

1 day ago

January 7, 2026

Press Room

Former Alabama OL starter transferring to SEC rival

Alabama football will see one of its ex-starters next season. Wilkin Formby is joining Texas A&M out of the transfer portal, after three seasons with the Crimson Tide.

Formby shared the news to his Instagram account on Wednesday. He opted to enter the transfer portal after the 2025 season came to an end with a 38-3 loss to Indiana in the Rose Bowl.

The Tuscaloosa native and Northridge product played both guard and tackle this past season. Coaches praised his versatility.

“Wilkin obviously has the athleticism to to play inside, and the size,” offensive coordinator Ryan Grubb said in September. “So I think there’s a couple things that happen for Wilkin in there, his natural pad-level because he’s got his hand in the dirt, and he’s got a good base and wide frame, so he’d done a really nice job in there. So we keep working on that and expand. As long as he can stay right-handed, playing on the right side, I think the transition for him is easy.”

Formby started out the year at right tackle, where he had previously played. He eventually moved over to guard, after Michael Carroll emerged as a viable tackle option.

The departure of Formby is part of a larger renovation of the Crimson Tide’s offensive line, which has now lost every starter besides Carroll. Kadyn Proctor and Parker Brailsford opted to leave early for the NFL Draft, while Geno VanDeMark, Kam Dewberry and Jaeden Roberts are out of eligibility.

Alabama is also losing several reserve linemen to the portal. Arkel Anugwom is entering, joining Olaus Alinen (who committed to Kentucky), Joseph Ionata and Micah DeBose.

UA has made one offensive line pickup from the portal. Former Michigan center Kaden Strayhorn is joining the Tide.

Alabama will face Formby in Tuscaloosa this season. Texas A&M visits Bryant-Denny Stadium on Oct. 24.

Undergraduate players can opt to enter the transfer portal through Jan. 16.

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