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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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Air Force base security tightens, AL reacts after attacks in Iran

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Air Force base security tightens, AL reacts after attacks in Iran


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The United States and Israel-led attacks on Iran are having an impact in Central Alabama.

The military actions that began Saturday targets the military forces of Iran and the nation’s ability to build nuclear weapons.

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In Montgomery, Maxwell Air Force Base and Gunter Annex have stepped up security so that all entry points will have a 100 percent ID check, the bases said on social media. The Trusted Traveler Program is suspended, which allowed Department of Defense identification holders to vouch for passengers.

Visitors without base access will have to go through the visitor center to get a pass.

Central Alabama residents react to the Iran attacks

For Travis Jackson of Montgomery, the attacks bring back memories, bad memories. He served one tour in Iraq from 2007-2008 with the U.S. Army. He attained the rank of sergeant before leaving the service and has worked the last 10 years as a community activist and diversity, equality and inclusion coordinator.

“I had a flashback of being overseas again,” he said when he first heard news of the attack. “The first thing I thought of was corporate greed. Of yet again seeing what has transpired throughout the years of any war overseas.”

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He feels the attacks are a mistake.

“It’s going to be detrimental to the economy, notably with the increase in oil prices,” he said.

Removing the current regime in Iran and establishing a more western friendly country could improve hopes for a more stable Middle East, said Amy Stephens of Elmore County.

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“I don’t know if there will ever be peace there,” Stephens said. “But Iran has been the causing trouble over there for almost 50 years.”

Ray Roberts of Prattville served in Operation Desert Shield/Storm in 1990 and 1991 after Iraq invaded Kuwait. He served in an ordinance company with the Alabama Army National Guard. He was a sergeant when he left the service and now works as a draftsman at a Montgomery manufacturing plant.

“It wasn’t a surprise,” Roberts said of the attacks. “President Trump had said they were coming. When he says something like that, he means it. I am glad we are working with Israel so it’s not just the United States. I wonder if Europe and some of the other Gulf nations will join the attacks.”

Contact Montgomery Advertiser reporter Marty Roney at mroney@gannett.com. To support his work, please subscribe to the Montgomery Advertiser.

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Alabama Gov. Kay Ivey receives Boy Scouts’ Circle of Honor

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Alabama Gov. Kay Ivey receives Boy Scouts’ Circle of Honor


Alabama Gov. Kay Ivey was honored for her lifelong dedication to youth and community service during the 12th annual Black Warrior Council Boy Scouts of America Circle of Honor awards luncheon.

The ceremony, which was held Feb. 27 at the Embassy Suites hotel in downtown Tuscaloosa, serves as a fundraiser for the council’s scouting program.

The Circle of Honor award is presented to people in west central Alabama whose livelihood and actions reflect the same values of the Black Warrior Boy Scouts. Recipients have also shown advocacy for youth and leadership in the community.

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Past recipients of the award include Terry Saban, Nick Saban, former U.S. Sen. Richard Shelby, scientist and philanthropist Thomas Joiner, pharmacist and retailer James I. Harrison Jr., civic leader Mary Ann Phelps and more.

Cathy Randall, a Tuscaloosa businesswoman, educator and philanthropist, presented Ivey with the award. Randall was inducted into the Circle of Honor in 2025 along with her late husband, Pettus.

Ivey said she was grateful to receive the honor by the Black Warrior Council and highlighted the importance of public service.

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“I’m proud to have dedicated my life to public service, there’s no more noble calling than to uplift and empower lives,” said Ivey during the Feb. 27 ceremony.

Ivey thanked the scouting organizations, including the Black Warrior Council for its contributions to educational opportunities, economic development, and public safety.

“In particular, I’m proud of the work done by our Scouting organizations like the Black Warrior Council, who lay a foundation for successful future in both our young people and our state, thank you for all you do to build a stronger Alabama by changing lives and preparing our future leaders,” said Ivey, a native of Camden in Wilcox County.

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Ivey is wrapping up her second term as governor after a long career spent primarily in government.

After graduating from Auburn University in 1967, Ivey worked as a high school teacher and a bank officer. She served as reading clerk for the Alabama House of Representatives under then-Speaker Joseph C. McCorquodale and she served as assistant director at the Alabama Development Office.

In 2002, Ivey was elected to the first of two terms as Alabama’s treasurer and in 2010, she was elected to the first of two terms as lieutenant governor. On April 10, 2017, Ivey was sworn in as Alabama’s 54th governor after the resignation of Robert Bentley. She filled out the rest of Bentley’s term before winning the gubernatorial election in 2018 and she was re-elected in 2022.

She will leave office at the end of this year.

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She is the first Republican woman to serve as Alabama’s governor but she’s the second woman to hold the state’s top executive office. Tuscaloosa County native Lurleen B. Wallace, a Democrat, became Alabama’s first female governor in 1966.

Circle of Honor luncheon raises nearly $200,000

Also during the ceremony, retired DCH Health System administrator Sammy Watson, who served as the event’s emcee, announced that the council had raised $197,000 through the luncheon that day.

Proceeds from the lunch will be used to expand Boy Scouts programs, making them available to over 3,000 young people in west central Alabama.

The Boy Scouts of America is the nation’s leading outdoor education and character development program. The mission of the Boy Scouts of America is to prepare young people to make ethical and moral choices over their lifetimes by instilling in them the values of the Scout Oath and Law.

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Reach Jasmine Hollie at JHollie@usatodayco.com.  To support her work, please subscribe to The Tuscaloosa News.   



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Circuit Judge Collins Pettaway, Jr. steps down after 13 years on the bench

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Circuit Judge Collins Pettaway, Jr. steps down after 13 years on the bench


SELMA, Ala. (WSFA) – After more than a decade serving Alabama’s fourth judicial circuit, Judge Collins Pettaway, Jr. is stepping away from full-time service, closing a chapter that spans nearly four decades in the legal profession.

Pettaway was elected to the bench in 2012 and served in several counties including Dallas, Wilcox, Perry, Hale and Bibb counties, the largest geographical circuit in the state.

Now, he says, it was simply time.

“I never wanted to serve in that capacity forever,” Pettaway said “And plus, I wanted to also make room for some younger, brighter minds to come forward.”

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Before becoming a judge, Pettaway practiced law in Selma for nearly 30 years after being licensed in 1985. During that time, he handled cases that helped shape Alabama law; something he says he didn’t fully appreciate until colleagues reflected on his impact.

“I handled several cases which actually affected and changed the direction of the state of the law in our state,” he added. “And I didn’t realize I did all that.”

Friends and fellow legal professionals once presented him with research showing his involvement in Alabama Supreme Court cases that made significant changes in state law; a moment he describes as both surprising and humbling.

During his time on the bench, Pettaway says one of his priorities was maintaining professionalism and respect within the legal system.

He often referenced the Alabama State Bar’s Lawyer’s Creed — a pledge attorneys take promising to treat even their opponents with civility and understanding.

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“In that creed, you are promising that you’re gonna treat even your opponents with civility and with kindness and understanding.”

Pettaway says he believes the legal profession — and society at large — must continue working toward a culture rooted in respect and service.

Although stepping away from full-time duties, Pettaway says he is not completely leaving the legal field. He has transitioned to retired active status and plans to assist with cases when needed, while also returning to private practice.

He says this new chapter is about balance.

After decades shaping courtrooms across five counties, Pettaway says he is focused on health, perspective and trusting the next generation to carry the bench forward.

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Governor Kay Ivey has appointed former Assistant District Attorney Bryan Jones to serve the remainder of Pettaway’s six-year term.

Jones previously served as senior chief trial attorney under District Attorney Robert Turner Jr. and has also led the Fourth Judicial Circuit Drug Task Force.

The transition marks a new era for the Fourth Judicial Circuit, while closing a significant chapter in its recent history.

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