Re: Teeny tiny cold immortal immobile Alabamans

1

Unfortunate for anyone trying to get pregnant with help in AL, but honestly, I was pretty happy to hear this. Trumpistas are a real threat to normal life, and having that spelled out in headlines that affect suburban voters is the way he will lose.


Posted by: lw | Link to this comment | 02-22-24 8:23 AM
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Least harm I guess if IVF clinics all close. Rich fence-sitters might get mad, plus if they try to keep operating it seems a matter of time before some DA tries to make an example of a poor employee.


Posted by: Minivet | Link to this comment | 02-22-24 8:23 AM
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The delightful consequence here would be an entirely new district for the Alabama legislature whose population consists of about 20 medical and ancillary staff and a freezer full of several thousand embryonic Alabamans.


Posted by: ajay | Link to this comment | 02-22-24 8:24 AM
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If you already have a bunch of embryos in the freezer in Alabama, do you just have to keep paying for the freezer? Or does the clinic have to keep paying if you don't? Presumably, even if you maintain the freezer, at a certain point there's freezer burn.


Posted by: Moby Hick | Link to this comment | 02-22-24 8:38 AM
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5

Does this mean that cryogenics finally works?


Posted by: fake accent | Link to this comment | 02-22-24 8:40 AM
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If they're people, women have a duty to rescue. This is going to get ugly.


Posted by: Cala | Link to this comment | 02-22-24 8:51 AM
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7

But what if they're "illegal alien" embryos?


Posted by: JP Stormcrow | Link to this comment | 02-22-24 9:02 AM
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8

Is there fertilizationright citizenship?

The biblical language quoted in the opinion is just so, so fucked up.


Posted by: JP Stormcrow | Link to this comment | 02-22-24 9:03 AM
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2: Misbegotten borough.


Posted by: Minivet | Link to this comment | 02-22-24 9:10 AM
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10

I mean 3:.


Posted by: Minivet | Link to this comment | 02-22-24 9:10 AM
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4: My guess is the lab has no recourse if you stop paying your freezer rent.


Posted by: Yawnoc | Link to this comment | 02-22-24 9:24 AM
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Is there fertilizationright citizenship?

I don't think that matters because apportionment is done by the number of inhabitants in an area, not by the number of citizens or eligible voters.

Though checking the Alabama constitution, "number of inhabitants" is as determined by the US census, which presumably wouldn't count frozen zygotes. Damn.


Posted by: ajay | Link to this comment | 02-22-24 9:28 AM
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What if a guy just mailed a bunch of embryos to some random guy in Alabama?


Posted by: Moby Hick | Link to this comment | 02-22-24 9:29 AM
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14

Assume the embryos were fertilized by a violinist.


Posted by: Moby Hick | Link to this comment | 02-22-24 9:31 AM
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I did no work at all to be uninformed about this and I'm keeping it that way.


Posted by: Mossy Character | Link to this comment | 02-22-24 9:47 AM
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If Alabama had a fetal personhood amendment, they could probably say that that overrode the apportionment clause of the state constitution at least for state legislative apportionment (and the final arbiter would be the state SC). But it appears they don't.


Posted by: Minivet | Link to this comment | 02-22-24 10:20 AM
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I'm glad that soon the census will just have to start counting fertilized embryos. I've got one weird trick to solve our electoral college problems!


Posted by: heebie-geebie | Link to this comment | 02-22-24 10:55 AM
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Isn't getting eggs kind of painful?


Posted by: Moby Hick | Link to this comment | 02-22-24 11:25 AM
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4, 11 We'll have to see how the various defenses play out on remand. This was review of an order granting a 12(b)(6) motion, and the lower court ruled only on the one issue, so there's more to come.

The parents wouldn't have any obligation, I wouldn't think -- no one has standing to sue them for wrongful death.


Posted by: CharleyCarp | Link to this comment | 02-22-24 11:50 AM
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20

But IVF is probably dead in Alabama for a while.


Posted by: CharleyCarp | Link to this comment | 02-22-24 11:51 AM
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That was probably the point.


Posted by: Moby Hick | Link to this comment | 02-22-24 11:58 AM
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21 No, the parents wanted a payout for the mishandling of the frozen embryos. The wrongful death statute is a way to get punitive damages.

And I suppose Chief Justice Parker has been waiting for a chance to wax eloquent on what "sanctity" means now that it's in the state constitution.


Posted by: CharleyCarp | Link to this comment | 02-22-24 12:08 PM
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If you make a bunch of embryos do you rack up the dependent deductions on your taxes? If a woman has a miscarriage does she get a deduction for the year the child was in utero?
Should go to the logical extreme, millions in tax credits every time you jerk off. Women only get about 12 credits per year though.


Posted by: SP | Link to this comment | 02-22-24 1:18 PM
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I think Monty Python already did the extreme case.


Posted by: Moby Hick | Link to this comment | 02-22-24 1:24 PM
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They covered the theological aspects but didn't consider the financial implications.


Posted by: SP | Link to this comment | 02-22-24 1:30 PM
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Maybe they aren't good at finances and that's why they keep going broke?


Posted by: Moby Hick | Link to this comment | 02-22-24 1:54 PM
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Apparently frozen embryos can last a number of decades. So they could totally reach voting age.


Posted by: politicalfootball | Link to this comment | 02-22-24 1:54 PM
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Let's not give pedophiles a new idea.


Posted by: Moby Hick | Link to this comment | 02-22-24 2:04 PM
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The inestimable Tommy Tuberville on th IVF ruling: I was all for it ... we need to have more kids."


Posted by: JP Stormcrow | Link to this comment | 02-22-24 4:08 PM
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We have kids at home in the freezer.


Posted by: Moby Hick | Link to this comment | 02-22-24 4:20 PM
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Honey, I Thawed the Kids!


Posted by: heebie | Link to this comment | 02-22-24 6:24 PM
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I THOUGHT I THAWED A PUDDYTAT!


Posted by: Opinionated Sylvester | Link to this comment | 02-23-24 12:52 AM
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ice ice babies


Posted by: | Link to this comment | 02-23-24 2:05 AM
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My guess is the lab has no recourse if you stop paying your freezer rent.

It can get a court order compelling you to pay child support.


Posted by: ajay | Link to this comment | 02-23-24 2:06 AM
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What happens when you die?


Posted by: Moby Hick | Link to this comment | 02-23-24 4:54 AM
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Theologians have struggled with that question, but the Alabama Supreme Court has finally answered it: If you thaw an embryo, you go straight to hell.


Posted by: politicalfootball | Link to this comment | 02-23-24 6:16 AM
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What if a mad scientist fertilizes (hundreds of) thousands of embryos, freezes them, plugs them into a power outlet in the state capitol (or the state supreme court building, or the republican party headquarters), then absconds beyond the reach of the state?


Posted by: dalriata | Link to this comment | 02-23-24 6:27 AM
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38

Is it time for a Nick Cannon joke?


Posted by: Moby Hick | Link to this comment | 02-23-24 6:29 AM
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38: Fire when ready.


Posted by: Doug | Link to this comment | 02-23-24 7:28 AM
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The state will have to set up a hospice to let the embryos die a natural death.


Posted by: Minivet | Link to this comment | 02-23-24 8:21 AM
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Can we get headline writers to use the phrase "embryo embroglio"?


Posted by: fake accent | Link to this comment | 02-23-24 12:59 PM
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41: You might, but the copyeditors might object.


Posted by: Minivet | Link to this comment | 02-23-24 1:05 PM
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43

They've all been laid off.


Posted by: fake accent | Link to this comment | 02-23-24 1:14 PM
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Most of the mainstream reporting on the frantic Republican backpedaling/distancing on the IVF thing is about as credulous and uninformative as you would sadly expect. And iwrt Trump it builds on recent savvy insidery reporting on Trump's "moderation" on abortion following a Haberman/Swan NYT piece a while back. Haberman is quick to scold others we they do not acknowledge the purely transactional nature of Trump's words and positions but proves herself to be useful mule for his BS when it gets her a big scoop.


Posted by: JP Stormcrow | Link to this comment | 02-24-24 8:14 AM
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Commentary from other other place notes that the AL AG promising not to prosecute anyone for killing a snowflake is part of the overall Republican/segregationist playbook- make everything illegal and then they can choose which people to prosecute based on their duskiness morality.


Posted by: SP | Link to this comment | 02-24-24 8:35 AM
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Plus, you can always get another attorney general.


Posted by: Moby Hick | Link to this comment | 02-24-24 8:43 AM
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45: Yep.

44: To be 'fair' there are often mentions of Republican hypocrisy, but as with many things R (and Trump in particular) hypocrisy is the wrong framing; They are just saying things instrumentally, hypocrisy implies a betrayal of a core belief. Maybe Lindsay Graham is being hypocritical on Ukraine, but given his entire genre of himself I think that is a somewhat misleading characterization.


Posted by: JP Stormcrow | Link to this comment | 02-24-24 8:50 AM
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48

The weird thing that happens on abortion and abortion-related topics is that Republicans steadfastly refuse to write detailed workable bills. Instead it's always just some blanket bill and then some weird sentence like "nothing in this bill should be construed to ban IVF" in a way that totally misses that the law doesn't work that way. If you have a law that makes it impossible to run an IVF clinic then you can't just add a sentence to take it all back. The exact same thing happens with the dead or dying fetus scenario, where Republicans just want to say "oopsie, we never meant for 'abortion' to mean that scenario, can we just take it back?" and never leads to actually rewriting the bill in a way that gives a workable legal regime.

Of course the cynic would say that they actually want to ban IVF, but I actually don't think that's true. I think they don't want to ban IVF, but something weirder is happening where they just can't bring themselves to think about how they want the law to work.


Posted by: Unfoggetarian: "Pause endlessly, then go in" (9) | Link to this comment | 02-24-24 10:06 AM
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A workable law would require acknowledging that there is an unknowable point somewhere between day 0 and week 32 before which a lump of cells is not "a baby" which would up-end the entire logic of the pro-life movement. A 6-week limit would be both draconian and more than enough to protect IVF, but isn't acceptable to them.


Posted by: Yawnoc | Link to this comment | 02-24-24 11:50 AM
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