Alabama IVF clinics ask Supreme Court to take up appeal of state ruling

By Nathaniel Weixel 

Two Alabama reproductive health clinics at the center of a legal and political firestorm over in vitro fertilization (IVF) are asking the U.S. Supreme Court to take up their case. 

In their petition, the Center for Reproductive Medicine and the Mobile Infirmary Health asked the court to find that the case should have been dismissed from the outset, because the initial plaintiffs had no standing to sue. 

They also said the ruling from the Alabama Supreme Court, which declared that fertilized embryos are children and protected under the state’s wrongful death law, violated their due process protections because they did not have “fair notice” that the state Supreme Court would make IVF illegal. 

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