4 ms·
This is a weird one - while normally the Alabama Supreme Court ruling on what is or isn't Children would get solidly binned in the "culture war" bucket, this fe
by roughly 3y ago
This is a weird one - while normally the Alabama Supreme Court ruling on what is or isn't Children would get solidly binned in the "culture war" bucket, this feels more like a weird legal system workaround like the river being granted personhood - the case came from a couple trying to sue a fertility clinic because their embryos were destroyed by some incredibly, incredibly negligent shit on the part of the facility. I'm guessing "Wrongful Death" was the only way the couple could show sufficient harm for standing in the case, and the facility argued it couldn't apply because embryos weren't actually children, so the ruling here is most likely intended to let the couple sue the facility. I'm not even sure I oppose it - for the couple, this may well have been their last chance to have kids, so I imagine the distinction for them between this and, say, a gynecologist's negligence leading to the same result is soft.
That said, again, I get why people would maybe read more into this, and precedence is a helluva drug.
- mikeyouse 3y agoRead page 37 of the concurrence for a taste of how Alabama is going to treat this newfound precedent.. https://publicportal-api.alappeals.gov/courts/68f021c4-6a44-4735-9a76-5360b2e8af13/cms/case/343D203A-B13D-463A-8176-C46E3AE4F695/docketentrydocuments/E3D95592-3CBE-4384-AFA6-063D4595AA1D https://publicportal-api.alappeals.gov/courts/68f021c4-6a44-...
- roughly 3y agoJust wanna say I applaud you for slogging through 130 pages of an Alabama Supreme Court ruling. But, yeah, I agree - whatever the actual legal reason and reasoning for this, there are going to be a lot of people rubbing their hands in anticipation at what they can do with this ruling.
- fabian2k 3y agoWhy is there a theological justification in a Supreme Court decision?
- silverquiet 3y agoThis seems like a rhetorical question if you have even a passing familiarity with Alabama.
- mikeyouse 3y agoBecause Alabama is going to Alabama.. anyone pretending like this is some reasonable pragmatic / secular ruling to deal with a negligent IVF clinic is lying.
- roughly 3y agoYeah, you know what, I agree. I think there's a way to get to this ruling without it being - well, without it being exactly what everyone thinks it is, but you're right, it's pretty clear after reading that concurrence that this wasn't some reasonable act of jurisprudence that will get twisted for nefarious means - the nefariousness was the purpose.