It’s all hands on deck! Republicans are scrambling to distance themselves from an Alabama State Supreme Court decision ruled that frozen embryos are children under state law. Democrats, from President Joe Biden on down, are now beginning to pounce.
Democrats note that the door was open to this due to conservative Supreme Court judges, including three appointed by President Donald Trump, striking down Roe v Wade.
It’s the age-old question: if a dog chases a car, what does it do if it catches the car? In the GOP’s case, it suffers defeats at the polls. But now in addition to that, Republicans are trying to delink themselves from being associated with a court ruling that nixes the highly popular I.F.V.
The Senate GOP’s campaign arm on Friday urged its candidates to publicly express their support for IVF treatment and condemn efforts to limit its accessibility.
In a memo sent by National Republican Senatorial Committee Executive Director Jason Thielman, the party’s campaign apparatus instructs candidates to “Clearly state your support for IVF and fertility-related services as blessings for those seeking to have children” and to “Publicly oppose any efforts to restrict access to IVF and other fertility treatments, framing such opposition as a defense of family values and individual freedom.”
The directive comes days after the Alabama Supreme Court ruled that frozen embryos are children under state law, putting patients and physicians conducting IVF treatment at risk of criminal prosecution. Three medical centers in Alabama have paused IVF treatments so far since the decision.
“When responding to the Alabama Supreme Court ruling, it is imperative that our candidates align with the public’s overwhelming support for IVF and fertility treatments,” the NRSC memo states. “By advocating for increased access to these services, opposing restrictions, and emphasizing the importance of supporting families in their journey to conceive, our candidates can demonstrate compassion, respect for family values, and a commitment to individual freedom.”
Why it matters: Republicans in both chambers are scrambling to distance from the ruling and the restrictive impact it’s already having on IVF clinics.
As Republicans face blowback, former President Trump, the GOP presidential frontrunner, on Friday came out in support of IVF and urged Alabama lawmakers to protect the treatment.
Trump’s call came a day after President Biden’s re-election campaign blamed him for the ruling, noting his appointment of conservative justices to the Supreme Court, which overturned Roe v. Wade.
Alabama’s Attorney General’s office says it doesn’t “intend” to go after I.V.F users or provders. But will all this make a dent with voter, many of them women voters, furious over Republicans’ role in eventually deep-sixing Roe V. Wade?
It may not be so easy. For one thing, Business Insider reports that 125 House Republicans, including House Speaker Mike Johnson, back a ‘life at conception’ bill that doesn’t give an I.V.F. exception.
Biden social is playing at a whole new level. Trumps team is good but their candidate is weak. https://t.co/zXUNuMU4uX
— Joe Trippi (@JoeTrippi) February 24, 2024
In new memo obtained by CNN, NRSC instructs its candidates to reject clearly and concisely government attempts to restrict access to IVF pic.twitter.com/kZR5LqRt5p
— Lauren Fox (@FoxReports) February 23, 2024
Donald Trump is the reason IVF is now illegal in Alabama.
National media has gotta stop laundering this man's words when they contradict his actions. https://t.co/ZDReNltT4p
— Ashton Pittman (@ashtonpittman) February 23, 2024
Press Sec. @K_JeanPierre: The Alabama Supreme Court has put access to fertility treatments at risk. This is a devastating example of the chaos and confusion that has resulted from the overturning of Roe. Abortion, birth control, and IVF are under attack pic.twitter.com/NhFFjrs1gQ
— Biden-Harris HQ (@BidenHQ) February 24, 2024
The Alabama ruling LITERALLY cites Dobbs.
In. The. Ruling. https://t.co/g9GKjRHfrF— Roger ZenAF (@RogerZenAF) February 23, 2024
This is the Trump IVF statement.
Thoughts? pic.twitter.com/9eD1nTqEQh
— Wilfred Reilly (@wil_da_beast630) February 24, 2024
Actions speak louder than words. May I remind everyone that we actually tried to pass a bill protecting IVF just over a year ago?
Republicans blocked it.
— Senator Tina Smith (@SenTinaSmith) February 23, 2024
not for nothing but I was told this morning a politician reading a position in public was a sure sign of mental decline https://t.co/Z1KSzec9OG
— Patrick Dillon (@mpdillon) February 23, 2024
Like Republicans appointing judges and pounding the table to “let the states decide” have nothing to do with it. https://t.co/JFLcNTwbQ3
— Joe Trippi (@JoeTrippi) February 23, 2024
They have made it clear that contraception is next, along with criminalizing, premarital, sex and gay sex, and then banning gay marriage. God help the transgendered. https://t.co/wwojes8S6E
— Norman Ornstein (@NormOrnstein) February 24, 2024
Here is Trump Supreme Court nominee Amy Coney Barrett refusing to rule out imprisoning women for receiving IVF.
Trump bragged about appointing her just last night pic.twitter.com/DW0KKF8GI0
— Biden-Harris HQ (@BidenHQ) February 23, 2024
The problem is that the Alabama Supreme Court *didn't* restrict IVF; what they did was declare IVF embryos people.
This is not an "IVF" problem this is a "abortion rights" problem. If every collection of fetal tissue is a human person that has to be protected under law, then…
— rohbear (@rohbear0) February 23, 2024
The ruling is already made. Republicans are already banning IVF.
And next comes contraceptives.
And gay marriage.
And interracial marriage.
This is the stated goal of the Republican Party and its candidates.
— Democrats in Array ???? (@DemsInArray) February 23, 2024
First, they passed abortion bans.
Now, courts are rolling back access to IVF.
These are the lengths Republicans will go to control women’s bodies.
Make no mistake — reproductive freedom is on the ballot this November.
— Adam Schiff (@RepAdamSchiff) February 24, 2024
When a woman in Alabama can’t get IVF treatment to start a family, that’s because of Donald Trump.
When a woman in Texas was forced to continue an unviable pregnancy that risked her health and future fertility, that was because of Donald Trump.
It’s all on Trump. pic.twitter.com/TaeDSc4ovN
— Jaime Harrison (@harrisonjaime) February 23, 2024
Years ago, I warned that confirming Amy Coney Barrett to the Supreme Court would put IVF at risk.
After Roe v. Wade was overturned, I warned that red states would come for IVF like Alabama just did.
Mark my word—if we don't act now, it'll only get worse.https://t.co/nNpUAyZ9ZF
— Tammy Duckworth (@SenDuckworth) February 22, 2024
Former Alabama Sen. Doug Jones on the state’s IVF ruling: “Who the hell is going to want to come to Alabama after this ruling? How are they going to attract doctors?" pic.twitter.com/5B6iSGw6Qx
— Kaitlan Collins (@kaitlancollins) February 23, 2024
Joe Gandelman is a former fulltime journalist who freelanced in India, Spain, Bangladesh and Cypress writing for publications such as the Christian Science Monitor and Newsweek. He also did radio reports from Madrid for NPR’s All Things Considered. He has worked on two U.S. newspapers and quit the news biz in 1990 to go into entertainment. He also has written for The Week and several online publications, did a column for Cagle Cartoons Syndicate and has appeared on CNN.