Alabama’s Ruling in LePage: A Need to Classify Extrauterine Embryos as Property and Incentivize Stem Cell Research Through Regulatory Federal Legislation

The tensions between scientific advancement and moral applications of legislation are at the political forefront of the polarizing nature of the United States. As the Supreme Court of the United States proceeds to forego stare decisis in different fields of the law, states have been delegated more power to implement restrictive laws. Notably, the Supreme Court of the United States held in Dobbs that laws regulating abortion are under the purview of state legislation. Subsequently, the Alabama Supreme Court held in LePage v. Center for Reproductive Medicine P.C. that frozen extrauterine embryos be given the constitutional guarantees of children—removing their previous classification as property. Thus, research and the utilization of in vitro fertilization encompassing embryos have halted in the state. Additionally, the United States has failed to implement federal legislation regarding the regulation of human embryonic stem cell research. Instead, the Dickey-Wicker Act prevents federal funding from being granted for research relating to human embryonic stem cells. Further, the Leahy-Smith America Invents Act prohibits the ability for claims encompassing embryos from being patented. As scientific technology advances, the utilization of a federal policy to provide regulation and transparency to American citizens is necessary as a way to incentivize the creation of life-saving medications and scientific advancements through the ethical use of human embryonic stem cells. Currently, the lack of a federal scheme creates ambiguity and risks to the advancement of and right to science.