Pro-life Republicans supportive of IVF skirt around Alabama court ruling on embryos as GOP operatives downplay potential election consequences in 2024

Pro-life Republicans who previously supported or used IVF themselves have been largely silent after a controversial court ruling could put the GOP on the spot going into the 2024 election cycle.

Earlier this week, the Alabama Supreme Court ruled that frozen embryos used for in vitro fertilization (IVF) are children. As a result, at least two Alabama fertility clinics have halted IVF treatments out of a fear of prosecution, because the ruling means people could theoretically be sued for destroying an embryo.

It could open the door to wrongful death lawsuits in all cases where embryos do not survive being thawed and transferred to the uterus, potentially sending doctors in the state fleeing elsewhere to practice medicine. 

And the political fallout is poised to be enormous as pro-life Republicans will be forced to take a public stance on the popular IVF treatments that one in six Americans struggling to conceive use.

President Joe Biden called the ruling 'outrageous and unacceptable' in a statement Thursday, and said it is the 'direct result' of the Supreme Court overturning Roe v. Wade. 

According to a recent poll conducted by former Trump campaign manager Kellyanne Conway, 86 percent of Americans support access to the treatment. That includes 78 percent of 'pro-life advocates' and 83 percent of Evangelicals.

Former Vice President Mike Pence disclosed in his book 'So Help Me God' that his wife Karen underwent IVF as they struggled with infertility in their marriage. 

Former Vice President Mike Pence disclosed in his book 'So Help Me God' that his wife Karen underwent IVF many times as they struggled with infertility

Alabama 's Supreme Court has ruled that frozen embryos are children and will therefore be given the same protections under state law

'I fully support fertility treatments and I think they deserve the protection of the law,' Pence previously said in an interview.

'They gave us great comfort in those long and challenging years that we struggled with infertility in our marriage,' the staunchly pro-life Republican added. 

Mike and Karen have three children - Audrey, Michael and Charlotte - and three grandchildren. A spokesperson for Pence did not immediately return a request for comment from DailyMail.com. 

GOP campaign operatives are also attempting to downplay the threat of any potential election blowback on Republicans in 2024 due to the decision.

National Republican Senatorial Committee (NRSC) Communications Director Mike Berg simply told DailyMail.com that none of their candidates support a ban.

'There is not a single Republican Senate candidate in the entire country proposing a ban on IVF,' said Berg. 

2024 GOP presidential hopeful Nikki Haley didn't shy away from the topic, saying this week that frozen embryos are 'babies.' 

Haley, who has talked in general terms about her personal struggles with fertility, said she used artificial insemination to have her son Nalin, the second of her two children.

Artificial insemination is a different process than IVF that doesn't present the same complexities around creating embryos in a lab. But Haley has said her struggle to have kids has influenced her pro-life stance. 

But she later clarified her comments, saying she did not say she agreed with the Alabama court's decision.

'I didn't say that I agreed with the Alabama ruling,' she said on CNN Thursday. 

'What the question that I was asked is, 'Do I believe an embryo is a baby?' Haley said. 'I do think that if you look in the definition, an embryo is considered an unborn baby. And so, yes, I believe from my stance that that is.' 

But Some Republicans including Rep. Michelle Steel who used IVF herself, are not a fan of restrictions. 

'As someone who struggled to get pregnant, I believe all life is a gift. IVF allowed me, as it has so many others, to start my family,' she wrote on X. 

'I believe there is nothing more pro-life than helping families have children, and I do not support federal restrictions on IVF.'

A few other Republicans have maintained their support for the procedure, including Georgia Republican Gov. Brian Kemp.

'You have a lot of people out there in this country that they wouldn't have children if it weren't for that,' Kemp said.

Another GOP governor, Bill Lee of Tennessee, said this week that 'generally I am supportive of IVF.'

The highlighted states have laws on the books stipulating that life begins at the moment of fertilization. In Louisiana, the intentional disposal or destruction of a human embryo is illegal

Haley, who has talked in general terms about her personal struggles with fertility, said she used artificial insemination to have her son Nalin, the second of her two children

Embryo selection for IVF shown under a light micrograph - the treatment is overwhelmingly popular with Americans

GOP Sen. Tommy Tuberville of Alabama flip flopped on whether he supported his state's court decision. 

He first told reporters at the Conservative Political Action Conference (CPAC) Thursday that he was 'all for' the decision, according to HuffPost.

But just moments later, he expressed some concern about providing access to help couples who have challenges to pregnancy.

'I know, I know,' said the senator. 'I agree, people need to have access. We need more kids. We need people to have the opportunity to have kids.'