Some IVF parents launch campaign against former Alabama justice who made controversial ruling
The former Alabama Supreme Court justice who wrote the controversial ruling that temporarily halted in vitro fertilization services two years ago is running for state attorney general -- and a group of conservative IVF parents is banding together to try to stop him.
Jay Mitchell wrote the majority opinion in a ruling that classified frozen embryos as people, prompting three of the state's largest IVF treatment providers to halt care out of fear of wrongful death lawsuits when handling embryos.
"Unborn children are 'children' ... without exception based on developmental stage, physical location, or any other ancillary characteristics," Mitchell wrote in the majority ruling in 2024.
The decision led to widespread public outcry and an effort at the Alabama statehouse to pass a bill protecting IVF treatments. Republican Gov. Kay Ivey signed the bill shortly after the legislature passed it.
In the aftermath of the ruling, a group of parents who relied on in vitro fertilization to build their families created "Alabama Families for IVF," a conservative grassroots coalition. The group is now airing ads against Mitchell in the state, voiced by Annie Hensler, who became a mother through IVF, though they have not yet endorsed a specific candidate.
"The attorney general's office is a very powerful position, and we cannot have someone in that position that has this kind of judgment," Katelanne Fadalla, an IVF parent who chairs the group, told ABC News.
Alabama's attorney general would be responsible for enforcing state laws, including those related to reproductive health.
"We cannot risk having someone in office with this much influence over Alabama legislation who has already demonstrated that they cannot think through the consequences of the words that they write," she added.
In a statement to ABC, Mitchell said, "I support IVF. My opinion protected IVF families and upheld Alabama law, but woke liberals and my political opponents continue to push lies about this case because they know I will fearlessly advance President Trump's agenda as Alabama's next Attorney General."
Fadalla said she was preparing for her first consultation about IVF when news of the ruling broke in 2024.
"It was absolutely devastating," she said.
"The opinion that came out of the Supreme Court from Jay Mitchell was not only extremely disruptive, but it was devastating to families across the state of Alabama during a time when all we are trying to do is grow our families," Fadalla said.
In an ad airing across the state, the group accuses Mitchell of going against President Donald Trump, who declared his support for IVF after the 2024 ruling and called on the state legislature "to act quickly to find an immediate solution to preserve the availability of IVF in Alabama."
"We want to make it easier for mothers and fathers to have babies, not harder -- you know that. That includes -- and you saw this was a big deal over the last few days -- that includes supporting the availability of fertility treatments like IVF in every state in America," Trump said during the 2024 presidential campaign shortly after the ruling.
Mitchell has defended his record, describing himself as a "rock-solid conservative and warrior for the Trump agenda."
"Jay shares the incredible commitment Alabamians have to faith, family and freedom, and his legal record proves that he is ready and willing to defend those values in court," his campaign states on its website.
Three candidates are running in the Republican primary for Alabama attorney general, which will take place on May 19.
