MONTGOMERY, Ala. (WPMI) — On Friday, the Alabama Supreme Court, with a 7-2 vote, denied a petition to revisit the cases that resulted in defining an embryo as a child under state law.
The justices provided no commentary when issuing the denial, simply stating, “APPLICATION OVERRULED. NO OPINION.”
Justice William Sellers, in his written dissent, criticized the original decision, saying it “was a surprise, if not a shock, to our citizens.” He pointed out that the ruling “had significant and sweeping implications for individuals who were entirely unassociated with the parties in the case.”
Sellers noted that the majority opinion addressed issues and arguments that were never raised in the parties’ initial briefs and were never argued by them. He explained, “It is for these reasons that I would have granted the request to conduct oral argument on the applications for rehearing, including providing the various amici curiae an opportunity to voice their concerns, to explain the legal bases of their positions, and to highlight the various loose ends left dangling by this Court’s opinion.”
Alabama’s three primary in vitro fertilization (IVF) providers temporarily halted services following a ruling in February. They resumed operations after state lawmakers passed legislation offering them protection from civil lawsuits.
