Joe Biden Lies About Abortion, Mischaracterizes Alabama Supreme Court Ruling

In his official response to an Alabama Supreme Court ruling about IVF, Joe Biden lied about abortion and mischaracterized the ruling.

As LifeNews has reported, the Alabama Supreme Court ruled 7-2 that an embryo created through in-vitro fertilization (IVF) is a “minor child” and is no different under the law from an unborn child in the womb. Due to the 2018 Sanctity of Unborn Life Amendment in the state’s constitution, which declares it is “public policy” in Alabama to recognize “the sanctity of unborn life and the rights of unborn children,” the Court held that the law protects “‘the rights of the unborn child’ equally with the rights of born children.”

In LePage v. Mobile Infirmary Clinic, Inc., the Supreme Court of Alabama faced the question of whether an unborn child being kept in a cryogenic nursery is entitled to status as a person under Alabama’s Wrongful Death of a Minor Act.

Desperate to campaign on the issue of abortion, Biden erroneously linked the case to abortion in his comments today about it.

“Today, in 2024 in America, women are being turned away from emergency rooms and forced to travel hundreds of miles for health care, while doctors fear prosecution for providing an abortion,” Biden said.

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But that is totally false. Women in America are getting the exact same access to legitimate medical care that they had before Roe was overturned. And one doctor confirms that women are arriving in the emergency rooms because of botched abortions and problems and complications due to the abortion pill.

According to Skop, the Charlotte Lozier Institute conducted its own research, collecting data from women in states that allow Medicaid to pay for abortion. She said their study found “one out of 20 women after abortion drugs” went to “an emergency room with a complication related to those drugs within a month.”

Biden went on to say, “And now a court in Alabama put access to some fertility treatments at risk for families who are desperately trying to get pregnant. The disregard for women’s ability to make these decisions for themselves and their families is outrageous and unacceptable.”

But that makes it appear IVF is somehow banned in Alabama, which is not true. What is accurate is that the case involves wrongful death where human embryos were erroneously destroyed at a fertility clinic and the question in the case is about whether it can be held accountable in a civil suit.

The case involves a wrongful death lawsuit brought by three couples involving the death of their frozen embryos at an IVF clinic. The deaths were caused by a clinic patient who wandered into the cryogenic nursery and tampered with an unsecured freezer resulting in the embryos being dropped on the floor. The couples are suing Mobile Infirmary, Inc.’s Center for Reproductive Medicine for wrongful death, negligence, and wantonness seeking damages for mental anguish and emotional distress.

In April 2022, the Mobile County Circuit Court dismissed the case before it could go to a discovery phase and summary judgment stating that a frozen embryo is not a “minor child” under Alabama’s Wrongful Death of a Minor Act. However, the ruling to reverse that decision by the state supreme court allows the wrongful death suit to move forward at the circuit court level.

The Supreme Court of Alabama held that such unborn children were entitled to status as a person. “Under existing black-letter law, the answer to that question is no: the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location.” (emphasis added). “[T]he relevant statutory text is clear: the Wrongful Death of a Minor Act applies on its face to all unborn children, without limitation.” (“Unborn children are ‘children’ under the Act, without exception based on developmental stage, physical location, or any other ancillary characteristics.”).

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