What can Alabama lawmakers do to protect IVF treatments?

A recent decision by the Alabama Supreme Court ruled that human embryos constitute a human person. Subsequently, wrongful death cases can be brought against those whose actions lead to their ‘death’ or destruction.

Now, fertility centers that had offered invitro-fertilization (IVF) are pausing the service to avoid possible legal issues as the ruling threatens the legality of IVF in the state.

The Alabama Attorney General, a registered Republican, announced that the state would not be prosecuting fertility clinics that offered IVF as a way to quell anxieties that these institutions could face legal trouble for continuing to carry out these valuable treatments. Then, on 24 February, an explosive device was detonated outside of AG Marshall’s office. In response to the explosion, the AG’s office reported no injuries and said the Alabama Law Enforcement Agency would investigate. No motive has yet to be released, but some outlets have pointed to the timing of the attack coming so closely after the comments made by the AG about his intention to protect access to IVF treatments.

What is being done to protect the right to IVF in Alabama?

The Daily Beast reported on a National Republican Senatorial Committee memo that began circulating after the Alabama Supreme Court decision was released that candidates should be vocal in their support of IVF. With Democrats expected to make abortion rights a major issue in the election, making clear the parties support for IVF reduces the chances that the court’s ruling be turned into another weapon of attack.

When ABC Commentator Rachel Scott confronted ALamaba Senator Tommy Tuberville, the leader said that his home state was planning to pass a law to protect IVF.

To date, no such laws have been proposed in the state. Still, the BBC has reported that state Senator Timothy Melson will introduce a bill expected to pass with widespread bipartisan support later this week. However, with the bill still being drafted, the language cannot yet be analyzed to evaluate the protections the law would include.

Efforts at the federal level

A group of Democratic Senators consisting of Tammy Duckworth (D-IL) is bringing forth legislation to pass a law that would protect access to reproductive treatment at the federal level. “Mark my words, if we don’t act now, it will only get worse,” said the Senator in a news conference. Sen. Duckworth’s comments are even more pertinent after the overturning of Roe vs Wade, which gave the evangelical movement hope that through the courts, they would be able to accomplish their agenda.

While, Republican senators may be likely to support the bill, it is unclear where the GOP majority in the House of Representatives would stand on the issue, and if Speaker Johnson would even consider brining such a bill to the floor for a vote.