CWSL Professor Robert A. Bohrer Sheds Light on Alabama Supreme Court Personhood Decision

SAN DIEGO (March 13, 2024) —  The Alabama Supreme Court's decision that frozen embryos are persons has garnered a great deal of attention. Back in 2022, in the wake of Justice Alito’s opinion in Dobbs, California Western School of Law Professor Robert A. Bohrer analyzed the implications of the Dobbs decision for the status of frozen embryos in his Health Affairs Forefront article, "A Freezer Chest of Frozen Embryos: ‘Men And Women Of Good Conscience Can Disagree.'"  

In the article, Professor Bohrer explored the hypothetical scenario of a fire in a fertility clinic, asking: “If a fertility clinic were burning, which would you save-- a baby or a freezer chest full of embryos?” Professor Bohrer used this hypothetical to explore the notion of personhood, and concluded that there is no basis other than religious doctrine for considering embryos as persons.  Professor Bohrer’s analysis was borne out in the concurring opinion of Alabama Supreme Court Chief Justice Tom Parker, in which he quoted the Bible to support his conclusion that frozen embryos are children under Alabama law. 

To read Professor Bohrer's full article, click here.