In a rare session in the Port City, the Alabama Supreme Court on Tuesday tackled a pair of court cases raising the question of whether a fertilized egg is a human life before implantation in a uterus.
The court held oral arguments at the University of South Alabama. The justices, who typically meet in Montgomery, occasionally take their work on the road as part of an effort to educate the public about what they do. But the court has not been to the University of South Alabama in decades.
The couples sued under Alabama’s wrongful-death statute, alleging that a patient in December 2020 at the hospital got into an unlocked area where the embryos were stored and destroyed fertilized eggs belonging to James and Emily LePage; Williams and Caroline Fonde; and Felicia Burdick-Aysenne and Scott Ayesenne.
“They are human embryos, but they are not human beings,” said Thomas Keene, an attorney for the association. “They do not have a beating heart.” The hearing drew a crowd and lawyers and judges from Mobile. The audience included U.S. Magistrate Judge William Cassady; state Rep. Matt Simpson ; Mobile County Circuit Judges Vicki Davis, Michael Windom and Jay York; and District Judges Spiro Cheriogotis, George Zoghby, Jennifer Wright and Zackery Moore. The hearing also was a unique opportunity for University of South Alabama to see up close how the appellate system works.
“You know, on TV, you see more dramatic lawyers, fighting in court, things like that,” he said. “This is a little more laid back and, I guess, like normal people, if you will.”“Obviously, there were some potential hot button topics, but the two very specific cases that were being argued, the lawyers avoided the buzzwords and the political potential there and were really caring about their clients more than anything else.
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