862 online
 
Most Popular Choices
Share on Facebook 72 Printer Friendly Page More Sharing Summarizing
OpEdNews Op Eds    H4'ed 2/29/24

Alabama IVF Ruling: When The Law Has A Personal Problem

By       (Page 1 of 2 pages)   No comments

Thomas Knapp
Follow Me on Twitter     Message Thomas Knapp

InVitroFertilization.
InVitroFertilization.
(Image by Wikipedia (commons.wikimedia.org), Author: US Government Owned Photo)
  Details   Source   DMCA

Riddle: When is a frozen embryo actually a can of worms?

Answer: When the Alabama Supreme Court issues its ruling in LePage v. Mobile Infirmary Clinic, Inc., allowing the parents of several such embryos, created through in-vitro fertilization, to proceed with a wrongful death lawsuit after those embryos were accidentally destroyed.

You've probably heard at least two things about the ruling:

First, that it creates big issues for the continued use of IVF to help parents with fertility problems have children, with clinics fearing litigation or even prosecution if they offer the service.

Second, that the court includes religious sentiments and Bible citations on the santctity of life.

Both of those things are true, but they miss the point. The ruling doesn't hang on those sentiments or citations. It hangs on the plain text of "black-letter law." As the opening paragraph of the ruling's "Analysis" section notes:

"The parties to these cases have raised many difficult questions, including ones about the ethical status of extrauterine children, the application of the 14th Amendment to the United States Constitution to such children, and the public-policy implications of treating extrauterine children as human beings. But the Court today need not address these questions because, as explained below, the relevant statutory text is clear."

The justices' hands were tied. The law said what it said, the law meant what it meant, and their job was to uphold it, not rewrite it or create exceptions to it: "Judges are required to conform our rulings 'to the expressions of the legislature, to the letter of the statute,' and to the Constitution , 'without indulging a speculation, either upon the impolicy, or the hardship , of the law.'"

What -- who -- is a "person" or "child" deserving of particular rights and protections?

As a philosophical topic, that question quickly becomes interesting and highly debatable.

As a political and legal question, it's likewise highly debatable and any answer produces controversial consequences.

LePage v. Mobile Infirmary Clinic, Inc. ain't the first judicial rodeo on that question.

In Roe v. Wade, the Supreme Court decided to cut the baby in half -- or, actually, in thirds -- Solomon-style, allowing abortion on demand in the first trimester, regulation in the second, and prohibition in the third. It reversed that framing in Dobbs v. Jackson, leading inevitably to the current case.

But let's look a lot further back to see how contentious the question is. Try this one on:

"[Black people were] a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them."

Next Page  1  |  2

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Rate It | View Ratings

Thomas Knapp Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.


Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Follow Me on Twitter     Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter

Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

The Big Question About the UN Security Council's Gaza Ceasefire Resolution

2020: I'm So Sick of Superlatives

America Doesn't Have Presidential Debates, But It Should

Hypocrisy Alert: Republicans Agreed with Ocasio-Cortez Until About One Minute Ago

Chickenhawk Donald: A Complete and Total Disgrace

The Nunes Memo Only Partially "Vindicates" Trump, But it Fully Indicts the FBI and the FISA Court

To View Comments or Join the Conversation:

Tell A Friend