Nitrogen tanks held tens of thousands of frozen embryos and eggs at a fertility lab in New York. CAROLYN VAN HOUTEN/THE WASHINGTON POST

Do you think that the judges on the Alabama Supreme Court ever saw a storage room in an IVF Clinic that was holding tens of thousands of “extrauterine” children in containers?

The New Republic provided context for the Alabama ruling that frozen embryos are children.

For the first time, a frozen embryo has been recognized by the law as a person with rights. This decision by the Alabama Supreme Court last week is a huge victory for anti-abortion groups, who have long sought to pass fetal personhood laws. This time, by declaring not just a fetus but a fertilized egg in a lab the equivalent of an “unborn child,” the courts have done them one better. If this keeps up, anti-abortion groups may succeed at outlawing both abortion and in vitro fertilization, or IVF.

This case was about whether couples whose embryos have been inadvertently destroyed in a lab can sue for wrongful death. The embryos in question are eggs that have been fertilized outside the uterus and cryopreserved by a fertility clinic for later implantation. The couples’ attorneys cast embryos cryopreserved in liquid nitrogen as “embryonic children” and “human lives.” They seem to have found a receptive audience on the Alabama Supreme Court, with the decision referring multiple times to what the majority called “extrauterine children.”

This case was the culmination of explicit anti-abortion campaigning. The judges based their ruling in part on a recent amendment to the state constitution, enshrining the “rights of unborn children” in law. When voters considered this amendment in a 2018 ballot initiative, the political director of the anti-abortion group Alliance for a Pro-Life Alabama told the Associated Press that the amendment would “position Alabama in the future for public policy decisions on abortion if Roe. v. Wade was overturned.” Indeed, the Christian-right legal advocacy organization that brought the case overturning Roe, Alliance Defending Freedom, celebrated the Alabama Supreme Court’s decision in the IVF case, the group’s senior counsel adding they hoped “that this ruling encourages voters, lawmakers, and courts to recognize that life is a human right, no matter the circumstances.”

The article goes on to explain that the next frontier for the anti-abortion movement is embryo adoption.