The Capital

Ala. IVF ruling opens a new front in abortion battle

Decision splits GOP as Dems pounce on election-year issue

- By Lisa Lerer, Elizabeth Dias and Annie Karni Associated Press contribute­d.

An Alabama Supreme Court ruling, that frozen embryos should be considered children, has created a new political nightmare for Republican­s nationally who distanced themselves from a fringe view about reproducti­ve health that threatened to drive away voters in November.

Several Republican governors and lawmakers swiftly disavowed the decision, made by a GOP-majority court, expressing support for in vitro fertilizat­ion treatments. Some spoke out about their personal experience­s with infertilit­y. Others declared that they would not support federal restrictio­ns on IVF, drawing a distinctio­n between their support for broadly popular fertility treatments and their opposition to abortion.

“The concern for years has been that IVF would be taken away from women everywhere,” Rep. Nancy Mace, R-S.C., said Thursday. “We need to do everything we can to protect women’s access in every state to IVF.”

Yet, even as some Republican­s backed away from the court decision, Republican legislator­s in conservati­ve states planned efforts to push bills that would declare that life begins at conception — a policy that could have severe consequenc­es for fertility treatments.

Others acted to protect IVF.

Tim Melson, a Republican state senator in Alabama, said he plans to introduce legislatio­n clarifying that embryos are not viable until they are implanted in a woman’s uterus.

The division is a new twist on a familiar problem for the party. Since the Supreme Court overturned Roe v.

Wade, many Republican­s, including former President Donald Trump, have tried to avoid the issue of abortion and reframe their proposals — like a 15-week federal ban — as common-sense policies that can appeal to moderate voters.

But such efforts have repeatedly been undercut by their conservati­ve Christian allies in statehouse­s who saw the fall of federal abortion rights as the beginning of efforts to ban the procedure and related reproducti­ve medical care.

Despite the party’s attempt to control its message, that dynamic is likely to play on repeat. The eliminatio­n of federal abortion rights returned abortion policy to the states, empowering a broad collection of state lawmakers and judges to address thorny questions about the intimate details of conception, pregnancy and birth.

The Alabama court ruled Feb. 16 that embryos made by fertility treatments and stored in a medical facility should be considered children under the state’s law that governs harmful death. The decision was relatively narrow, applying to a specific case in which three couples sued a clinic for inadverten­tly dropping and destroying their embryos.

But anti-abortion activists, who for years have pushed for a fertilized egg to be considered a person, saw the decision as progress toward accepting fetal personhood and even granting an embryo equality rights under the 14th Amendment.

Jason Rapert, a Republican former Arkansas state legislator and president of the National Associatio­n of Christian Lawmakers, said his group planned to discuss potential IVF model legislatio­n at its meeting in June. They are already pushing bills in state legislatur­es that would declare that life begins at conception.

“We’re very happy,” said Rapert, whose organizati­on actively promotes what it calls “Biblical principles” through model legislatio­n. “This decision is really big. It further affirms that life begins at conception.”

Democrats have seized on Republican division to fuel their election efforts, hoping restrictio­ns passed by states will mobilize their voters and turn moderates and independen­ts against Republican­s. Campaignin­g Thursday in Michigan, Vice President Kamala Harris called the court decision “shocking” but “not surprising,” given the overturnin­g of Roe v. Wade.

The Alabama ruling “is part of their suicide pact,” said New York Gov. Kathy Hochul, a Democrat. “This is done in a Republican state with Republican judges. It’s baked now as part of the Republican narrative. It’s absolutely baked. They can’t run from this.”

Nikki Haley, who frequently calls for Republican­s to “find consensus” on abortion as she campaigns for president, struggled to address the ruling. On Wednesday, Haley said she believed that embryos created through IVF “are babies,” citing her own experience of conceiving her son through artificial inseminati­on — a process that does not involve the creation of embryos outside a woman’s body.

After facing blowback, Haley clarified her comments hours later. “Alabama needs to go back and look at the law,” she said in an interview with CNN, casting the case as an issue of parental rights, not the question of when life begins. “We don’t want fertility treatments to shut down.”

On Friday, Trump said he would “strongly support the availabili­ty of IVF” and called on lawmakers in Alabama to preserve access to the procedure.

But other Republican­s tried to avoid the topic.

On Thursday, many declined to comment on the ruling, including House

Speaker Mike Johnson, an evangelica­l Christian who has put his faith at the forefront of his politics throughout his career and has called abortion “an American holocaust.”

His home state, Louisiana, has a law that prevents the intentiona­l destructio­n of embryos.

Republican strategist­s have advised candidates to shy away from the most aggressive abortion restrictio­ns and avoid long-standing labels like “pro-life,” which they say have become synonymous with banning abortion. They’ve also urged candidates to proactivel­y declare their support for other areas of reproducti­ve health care, including fertility treatments and contracept­ion.

Still, in Congress, a small group of far-right members continues to push for antiaborti­on measures that their colleagues in competitiv­e districts want to distance themselves from.

Rep. Byron Donalds, R-Fla., told reporters Thursday at CPAC, a conference of conservati­ve activists, that he believed embryos are children because “embryos grow into being adults, like we are.” But he also said there are “women who have decided to seek that process,” referring to IVF, adding: “And that’s a good thing.”

While polling has shown broad support for abortion rights, there’s less data available about views on fertility treatments.

The Pew Research Center found in September that 61% of Americans and 54% of Republican­s believe health insurance should cover the cost of fertility treatments. The services are widely used: About 42% of Americans said they or someone they know had used some form of fertility treatment to have a baby.

Haley and Trump have cautioned against an absolute national abortion ban.

 ?? RUTH FREMSON/THE NEW YORK TIMES ?? Candidate Nikki Haley, seen Thursday, says embryos created through IVF“are babies.”
RUTH FREMSON/THE NEW YORK TIMES Candidate Nikki Haley, seen Thursday, says embryos created through IVF“are babies.”

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