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  • It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding ‘unborn life’ from legal protection.

    -Alabama Supreme Court Associate Justice Jay Mitchell in the majority’s opinion.

    This sounds like a fancy judge way of saying, "Alabama, you really shit the bed on this one." Is this Malicious Compliance?

  • I mean... judges cite all kinds of stuff to support their opinions. Maybe they're an aspiring theocrat, and maybe they were just being lyrical to communicate the depth of the impact of the crime. I definitely think that saying this is going to change the treatment of the practice of IVF in the state is not at all demonstrated.

    "This embryo was supposed to be my unborn child, and since you broke the law and destroyed it, I can go after you to pay the price of its destruction" is to me pretty fair. It's very different from "you had a miscarriage therefore you should go to prison."

    Maybe there's a bad precedent being set and maybe (okay not really maybe) it's dangerous to cite scripture in any form from any branch of government. I still don't think this quite belongs in the "terrifying things" bucket as firmly as do as lot of things the southern states are doing vis-à-vis embryos in their jurisdictions.

77 comments