A ruling on Feb. 16 by the Republican-majority Alabama Supreme Court to consider frozen embryos created through IVF to be children under state law has unexpectedly made in vitro fertilization, or IVF, a top concerning issue in campaigns for upcoming elections.
The ruling also highlights the importance of state institutions, such as state supreme courts, that are expected to play a major role in this year's elections.
Decisions by states' highest courts have become significantly critical in the two years since the U.S. Supreme Court overturned a constitutional right to abortion.
Campaigns for state supreme court seats are likely to be the most expensive and bitterly contested races on the ballot, according to The Associated Press.
"This is where the action is," said Jessie Hill, a law professor at Case Western Reserve University School of Law in Cleveland.
"Many people may not have realized that state supreme courts can decide on these kinds of issues that have such a direct impact on their everyday lives," Hill said. "But this Alabama ruling is a reminder that these courts hold so much power, especially now, over people's rights."
Why Do State Supreme Courts Matter?
State courts are heavily involved in the process of bringing statewide citizen initiatives to the ballot forefront. They often proceed over the technical requirements of petitions and the signature-gathering process.
This year, they are sure to play a crucial and pivotal role as reproductive rights groups seek to incorporate guidelines to help protect abortion.
State supreme courts are expected to rule on such measures planned in Florida, Missouri, and Nevada.
Activists also look to integrate abortion rights on the ballot in Arizona, where Republican governors have appointed all seven of the Supreme Court justices.
"In many cases, state supreme courts have a lot of power to shut down direct democracy by preventing a question from getting on the ballot," said Brian Fitzpatrick, a professor at Vanderbilt Law School.
According to the Center for Reproductive Rights, 30 state supreme courts have decided cases challenging abortion restrictions under their state constitutions. Twelve have recognized protections for abortion rights, and four have denied their state constitutions protect abortion rights.
