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new york university supplemental essays 2022

How to Write the NYU Essays 2023-2024

new york university supplemental essays 2022

NYU has just one supplemental prompt this year, which allows you to choose from six different options. Although this prompt is technically optional, NYU’s prime location in the heart of downtown New York City, campuses all across the globe, and affiliation with excellent graduate schools in a range of subjects make it highly competitive to gain admission. So, we strongly encourage you to take advantage of this opportunity to share something new about yourself with admissions officers.

Read these examples of past NYU essays about diversity and “Why NYU?” to inspire your writing.

NYU Supplemental Essay Prompts

Prompt: We are looking for peacemakers, changemakers, global citizens, boundary breakers, creatives and innovators – Choose one quote from the following and let us know why it inspires you; or share a short quote and person not on our list who inspires you, and include why. (250 words, optional)

  • Option A: “We’re used to people telling us there are no solutions, and then creating our own. So we did what we do best. We reached out to each other, and to our allies, and we mobilized across communities to make change, to benefit and include everyone in society.” Judith Heuman, 2022 NYU Commencement Address
  • Option B: “I encourage your discomfort, that you must contribute, that you must make your voice heard. That is the essence of good citizenship.” Sherilynn Ifill, 2015 NYU Commencement Address
  • Option C: “If you know how to fly but you never knew how to walk, wouldn’t that be sad?” Lang Lang, 2015 NYU Honorary Degree Recipient
  • Option D: “You have the right to want things and to want things to change.” Sanna Marin, Former Prime Minister of Finland, 2023 NYU Commencement Address
  • Option E: “It’s hard to fight when the fight ain’t fair.” Taylor Swift, Change, Released 2008, 2022 NYU Commencement Speaker
  • Option F: Share a short quote and person not on this list, and why the quote inspires you.

“We’re used to people telling us there are no solutions, and then creating our own. So we did what we do best. We reached out to each other, and to our allies, and we mobilized across communities to make change, to benefit and include everyone in society.” Judith Heuman, 2022 NYU Commencement Address (250 words)

Brainstorming Your Topic

Although the framing is a little more particular, this prompt has similarities to two supplemental prompt archetypes: the  “Global Issues” essay and the “Community Service” essay. Basically, you want to show NYU that you’re able to not just identify a problem in the world around you, but actively work towards solving it.

That second piece, of showing that you’re someone who acts when you see injustice, rather than merely observing, is crucial. So, you should have a personal connection to the issue you write about, as the point of your essay ultimately isn’t to teach admissions officers about a particular issue, but rather show them what your passion for that issue says about your potential as an NYU student.

So, don’t write about how aboriginal people in Australia struggled during the 2020 wildfires if you don’t know anyone in that community and have never been to Australia, as your essay will likely end up sounding overly factual and academic. Instead, think about issues that have directly impacted your own life. 

Maybe that’s a social media campaign you spearheaded to help abandoned animals get adopted when the shelter was overcrowded. Or working with your friends from Spanish class to ensure the local soup kitchen always had a Spanish speaker working, to make the environment more welcoming to immigrants from Spanish-speaking countries.

Keep in mind that the story you tell should have some component of “reach[ing] out to others,” as this quote highlights the importance of collaboration when solving big issues. So, while creating a statistical model on your own to show the viability of solar polar is certainly something to be proud of, it may not be the best anecdote to write about for this prompt. If you then hosted webinars sharing the model with local business owners and answering their questions, however, that could be an effective way of aligning the story with the spirit of the prompt.

Tips for Writing Your Essay

Like any good college essay, your response should show, rather than tell, your readers what you did. What that means is to use descriptive writing, with strong sensory details, to paint NYU admissions officers a picture, rather than just saying “I did x, y, and z, and learned a, b, and c.” The more detail you can include, the more immersive your story will be, which will make your essay both more engaging and more fun to read.

The other key to a strong response is having takeaways that are both clear and personal. You don’t want your essay to feel like a Hallmark card, so avoid clichés like “This experience showed me the power of diversity” or “I realized that deep down, we’re all the same.” The point of the college essay is to distinguish yourself from other applicants, and relying on generic tropes won’t accomplish that.

Instead, think about how you can take one of these overused ideas and creatively reframe it through the lens of your story in particular. For example, if you write about the soup kitchen example above, you could talk about how you bonded with one person who attended frequently because you discovered you both enjoyed crocheting, and how that taught you to look for shared experiences even with people who may outwardly seem quite different from you. 

The general idea of diversity as a unifying, rather than divisive, force is the same, but by connecting that idea to something specific that happened to you, you’ll give NYU admissions officers of how that idea tangibly impacts your day-to-day life. Ultimately, they’re trying to figure out how you would fit into their classrooms, clubs, dorms, dining halls, and so on, and specificity gives them a much clearer idea of that than just big-picture ideas.

Mistakes to Avoid

There isn’t really any major pitfall to keep an eye out for here. Just make sure you’re conscientious of how you frame your issue. Even though NYU, like most colleges, is much more liberal than society as a whole, you still want to use discretion when discussing politics in a college essay, as you have no way of knowing exactly what context your readers are coming from.

So, if you’re writing about a fundraiser you and your friends organized after the overturning of Roe v. Wade to help women from red states afford travel to states where abortion would remain legal, keep the focus on your efforts and what this experience taught you. Don’t talk about your feeling that anyone who opposes abortion is a misogynist, as, for all you know, the person reading your essay may have a loved one who is pro life, or they may even be themselves. 

You can talk about controversial topics in this essay, but do so in a way that’s introspective and acknowledges the complexity of the issue, rather than in a way that celebrates your own moral superiority.

new york university supplemental essays 2022

“I encourage your discomfort, that you must contribute, that you must make your voice heard. That is the essence of good citizenship.” Sherilynn Ifill, 2015 NYU Commencement Address (250 words)

Like Option A, this prompt has elements of both the “Global Issues” essay and the “Community Service” essay. However, the scope here is a little broader, as you’re being asked to talk about a time when you made “your voice heard,” rather than one when you were an active part of helping solve a particular problem. That means you have a little more flexibility in what you write about.

For example, you could describe the time when a conversation with a Jewish friend of yours made you realize Christmas-centric your school’s holiday decorations were, and how that motivated you to accompany her to talk to the principal about it, as she felt uncomfortable going alone. You could also take a similar angle as the one described above, with Option A, and talk about service work, like advocating for preserving wildlife habitat over expanding the boat launch at a nearby lake, or something else on a slightly larger scale that you spoke up about. 

However, don’t talk yourself out of writing about a more personal story like the Christmas example. Although this approach may seem less “impressive,” in reality talking about that kind of smaller moment in daily life can do a lot to show admissions officers what you’re like when nobody’s watching. Just about everyone applying to NYU will have an impressive resume, so you can really distinguish yourself by telling them a story that you’re still kind, altruistic, and thoughtful even outside the context of a particular project or organization.

That being said, both approaches can work incredibly well, so long as they honestly reflect your desire to speak up about the things that matter to you.

Once you’ve picked a particular moment to focus on, you want to think about what lessons you took away from that experience. NYU admissions officers care about who you’re going to be for the next four years, not who you were in the past, so they want to get a sense of how this experience is going to impact your contributions to their community.

There’s no one right way to do this, so if you immediately see a way to tell your story in a reflective, informative way, go for it! If you’re having writer’s block, though, one reliable approach would be to explain what happened, what you learned, and then include a second, much briefer anecdote that shows how you’ve utilized what you learned in the time since. 

For the Christmas example, after you finish describing the principal’s willingness to include menorahs and dreidels alongside the Santas and Christmas trees, you talk about how this experience showed you most people do want to be inclusive, they just might not know exactly how, so we all have a responsibility to speak up when we see a way to be better. You could then talk about how this realization then motivated you to talk to your manager at your part-time job about adjusting shift start times to align with the bus schedule, as she didn’t know that some employees didn’t have their own car.

250 words isn’t a lot, so depending on how much space you need to describe the original anecdote, you may not have space for the second one. That’s completely fine–as long as your takeaways are framed in a personal way that directly connects to the story you have just told, your readers will understand the significance of this experience to who you are today.

Letting your main anecdote breathe is the most important thing, as if you rush through things, your reader might not have enough details to properly anchor your eventual takeaways, which could make your essay feel impersonal or generic. 

For a somewhat extreme example of this, say you wrote about the day you noticed your school had changed their holiday decorations, and how happy that made you, but totally glossed over your own involvement in driving that change. Having a takeaway about the importance of standing up for what you believe in would then make no sense. So, make sure the details you include at each point in the essay work together to create a single, cohesive unit.

“If you know how to fly but you never knew how to walk, wouldn’t that be sad?” Lang Lang, 2015 NYU Honorary Degree Recipient (250 words)

This prompt may come across as overly philosophical at first, but before you rule it out, take a second to think about what it’s actually saying. Flying is more glamorous, exciting, and magical than walking, but walking is what we all do every single day to move around the world. While practicality never makes any headlines, daily life wouldn’t work without walking. 

Connecting that idea, about the value of practicality, to NYU’s focus on difference-makers means that you’ll want to discuss the importance of small, seemingly insignificant actions to driving broader change. As the saying goes, Rome wasn’t built in a day: for every figurehead of a major, earth-shattering movement, there are thousands or even millions of people who spent years paving the road so that the leader could one day walk down it. These people rarely get fame or recognition, but the movement never would have succeeded without them.

Of course, to write a strong, engaging response here, you don’t want to write about a huge historical movement that happened generations before you were even born. Instead, apply the same general idea to your own life. Think about what you do, or observe, on a daily basis that shows you the value of sometimes just taking things one step at a time. If there’s something you’ve been passionate about for a long time, that can be a great starting point, as you’ve probably made many small contributions over the years, compared to something where you were just involved in one, big, “flying” project.

For example, maybe you’ve always loved animals, and as a child you used to talk to your mom about flying around the world and rescuing all the endangered species. Once you got older, you realized you couldn’t do that, but what you could do was start a blog featuring a different endangered species every month, along with nonprofits dedicated to helping that species survive. You’ve even established partnerships with some of these groups, and helped organize fundraisers such as bake sales and 5Ks.

As this example shows, ideally you want to show how you’re finding a way to contribute to a much bigger cause. NYU wants to accept difference-makers, and although most of us aren’t able to donate millions of dollars or spearhead new technological initiatives, you can still show that you’re dedicated to finding ways to help however you can. 

Remember, as we noted in Option B, describing your grassroots efforts can in some ways demonstrate your dedication to a cause more than a high-level accomplishment or accolade, because that kind of work truly shows who you are on a day-to-day basis. So, if something comes to mind, don’t sell yourself short by saying “Oh, but they won’t care about that.” If whatever it is was meaningful to you, we promise they will 🙂

This is the kind of prompt where the brainstorming, if you do it well, is 90% of the work. Since the prompt is more abstract, you’re going to have to spend more time up front thinking about exactly what you want to say, or else you may end up sitting down to write and realizing you have no idea where you want to go. So, if you find yourself staring at a blank page, we would suggest rewinding, and spending a little more time brainstorming.

Once you have a clear sense of the story you want to tell, all you really need to do is actually put the words on the page. As you do that, remember that you want to include strong sensory details, to make your essay as immersive and engaging as possible. Focus less on what you did, and more on how you felt and what you learned from the experience. You may or may not do something similar to, for example, raising awareness for endangered species during your time at NYU, but you want to show admissions officers that, whatever you get involved with, you’re going to bring a thoughtful, dedicated perspective to your work.

For example, rather than saying just “My post on the work done to get manatees from ‘endangered’ to ‘threatened’ got 5,000 views, from places as far away as Italy, Kenya, and New Zealand,” take the next step, and describe how that success made you feel. That might look something like: 

“When I saw the number, I went back to the first post I ever did, on the African Bay owl. That post didn’t get a single view from someone who wasn’t related to me. But as I flipped back to the manatee post, I realized that we’re all related to each other in ways other than blood, as we all share this planet, and reminding people of that can be as simple as putting up a blog post and letting them come find it.”

NYU would be impressed by your outreach alone, but what will truly take your essay to the next level is including this next layer of reflection, and showing them the broader lessons you learned from this experience. That will prove to them that you’re not just talented and motivated, but also that your values align with theirs.

We noted at the beginning of this prompt breakdown that you shouldn’t get scared off just because it’s a little more philosophical than some of the others, and we stand by that. However, its more abstract nature will likely make the brainstorming process take longer, and it’s possible you do end up just feeling stuck. 

If you don’t think you have the time right now to give this prompt the attention it needs, that’s completely fine! The advantage of option prompts is that you have, well, options. Even if you’re initially drawn to this prompt, if you find yourself beating your head against the wall and not getting anywhere, don’t be stubborn–just pivot to one of the others.

“You have the right to want things and to want things to change.” Sanna Marin, Former Prime Minister of Finland, 2023 NYU Commencement Address (250 words)

Like Options A and B, this prompt is, roughly, a version of the “Global Issues” essay. That means you should have two main goals here. First, identify an issue that matters to you. Second, explain what your interest in that issue says about you as a person. 

Note that, unlike the first two options, the problem you choose doesn’t have to be one you’ve taken a lot of tangible action towards resolving. Obviously, you should have some level of personal investment in your issue, as otherwise your essay could come across as disingenuous. But if you have a cause you’re passionate about, but for whatever reason haven’t been able to get involved in directly, that would still be fair game here.

For example, maybe you’d like to increase access to healthy food options, as you live in a remote area and grow a lot of your own food with your family, so you know what a difference high-quality produce makes, but you also know how frustrating it can be to simply not have access to certain things, as your supermarket’s stock is limited. Because you don’t live in a city, you haven’t had the chance to get involved in any volunteer work related to this issue, so instead you’ve done your very best to learn everything possible about the process of growing your own food, so that you’ll have a wealth of hands-on experience to draw on when you are eventually in a situation where you can discuss theoretical, bigger picture solutions to this issue.

This hypothetical student hasn’t been able to take much concrete action towards addressing food inequality. However, they’re still demonstrating a genuine desire to help fix this issue, as well as forethought and motivation, by explaining how they’re finding a way to build up their skill set now, so that when the time comes, they are prepared to create tangible change. Any NYU admissions officer would feel confident about this student’s potential to become a difference-maker.

Of course, you are also more than welcome to write about an issue you have already done some work to help solve. We only want to highlight that already contributing to the solution isn’t a prerequisite for this prompt, so you can cast your net a little wider in your brainstorming than you would for Option A or B.

Once you sit down to actually start writing, the key is to make sure you aren’t just discussing your personal connection to this particular issue, but also highlighting admirable personality traits that will serve you in any of your future endeavors, whether related to the same issue or not. To see what we mean here, look back at the example we gave above. That student shows several traits admissions officers will find attractive, including:

  • They are able to extrapolate from their own lived experiences to better understand a broader, societal issue
  • They can appreciate the nuance of a big-picture issue
  • They can critically evaluate their own skill set and determine the best way for them to contribute to a resolution

These qualities come across because of the (hypothetical) level of detail the student provides. If they were to instead just give a general sketch of the situation, along the lines of “I care about food inequality, and although I haven’t yet been able to combat this issue, hopefully I will one day,”  then admissions officers have a lot of blanks to fill in. 

Instead, you should do the work for them: build a concrete connection between this issue you care about and certain, broader attributes that are fundamental to who you are. That will show them not just that you’re passionate about this one issue, but that you’re an overall thoughtful, mature person who’s ready to take advantage of all NYU has to offer.

If you choose to write about an issue that you haven’t taken much concrete action on yet, just be careful that your essay doesn’t become more about the issue, and your interest in it on a theoretical level, than about your own personality. In the context of the example given above, that might look like a bunch of statistics showing how lack of access to healthy food disproportionately impacts lower income people. 

While that is certainly informative, remember that this isn’t an academic essay. It’s a personal reflection, so even if you’re still figuring out how you can best contribute to tangible change, you still want to highlight specific experiences or moments that showcase the strengths you will eventually use to make a real difference. Otherwise, NYU admissions officers may come away from your essay knowing more about the issue you’re highlighting, but not much about what you’d bring to their community, which is ultimately the question they’re trying to answer.

“It’s hard to fight when the fight ain’t fair.” Taylor Swift, Change, Released 2008, 2022 NYU Commencement Speaker (250 words)

Like the previous prompt, this quote wants you to discuss a cause you are currently fighting for, or would like to fight for during your time in college and beyond. But the angle is a little bit different, as this quote is centered around the challenges of fighting for something in unfair circumstances.

If you choose this prompt, you’ll want to talk about an obstacle you’ve overcome, or are in the process of overcoming, in your effort to make your communities a little more just. This doesn’t have to be anything intense, like facing harassment or threats after a talk you gave at a school assembly about your experiences with racism. Of course, you are welcome to discuss this kind of extreme hardship if you are comfortable doing so. 

You don’t have to, however. There are a whole bunch of things that make advocacy work difficult, and many of them have nothing to do with physical violence. For example, you could talk about your attempts to research successful city planning projects that incorporate more green spaces, and your frustration upon realizing many of the articles you wanted to read were stuck behind paywalls.

Alternatively, you could talk about how you want to help increase access to affordable education in your city by tutoring, but not having a car makes it difficult for you to reach many of the people who seek out your help. No obstacle is too small–as we’ve highlighted in several of the previous breakdowns, contextualizing a societal issue within your own life is what NYU wants you to do with pretty much all of these prompts, so don’t feel like you need to dramatize anything. Just be honest about your efforts, and the things that have gotten in your way.

The key to writing a successful response is to not focus your entire essay on the challenge itself, as that will result in a rather defeatist tone. Rather, spend the first part of the essay explaining the difficulties you’ve faced in your efforts to resolve some societal issue, and spend the second half explaining what you’ve done to overcome them. That will result in a more positive overall vibe for your essay, which shows your ability to adapt and grow even in the face of challenges, a skill that will be vital to your success in college.

Like with the challenge itself, you don’t have to glamorize whatever it is you did to work around the obstacle you encountered. For example, don’t say you set up a consortium of high school students where everyone pitched in some money so that you could create shared accounts on all the sites you wanted to use, unless you actually did do that. 

It’s okay to say you asked your parents for their credit card, and that you agreed to take on extra chores around the house because being self-sufficient in your advocacy work is important to you. Or that saving up for your own car proved too difficult, so you’ve worked out a schedule with your elderly neighbor to use his car in the evening, since he goes to sleep early anyways, so long as you pick up his groceries on the way home. 

NYU isn’t going to judge you for the particulars of your situation. They just want to see that, when the fight isn’t fair, you still find a way to keep punching.

Taylor Swift may be the biggest pop star in the world right now, but this sadly isn’t an essay for you to talk about your fandom. Keep the focus on the challenges of tackling inequality, not on your Eras Tour outfit or opinions on which (Taylor’s Version) album has the best (From The Vault) tracks 😉

Share a short quote and person not on this list, and why the quote inspires you. (250 words)

While you may initially feel drawn to this option because of the freedom it affords you, we advise against defaulting to it if you don’t immediately feel a connection to one of the other prompts. The other options do have narrower focuses, but you have five to choose from, and all of the quotes are open-ended enough that you aren’t being forced into a box.

Because this prompt is already unusually flexible for a supplemental essay, you should have a good reason for creating your own option. Ideally you’ll already have a particular quote, or at least a particular person, in mind. If you’re just thinking “Oh, I’d like to write about [general topic],” the time you spend googling possibilities is time you could instead be spending on your actual response, so we’d encourage you to look back at the options already given to you and see if any of them could be an inroad to your desired topic.

Additionally, you may have noticed that, while the options NYU gives you all portray slightly different perspectives, and come from a wide range of speakers, they all have something to do with the theme of justice and equity. In the main prompt, NYU even says they’re looking for “peacemakers, changemakers, global citizens, boundary breakers, creatives and innovators,” so your quote should show your potential to become a difference-maker in the world. Avoid writing about, for example, Stephen Hawking’s thoughts on black holes, as that would be jarring for admissions officers.

Obviously, the exact structure of your essay will depend on which quote you select. But in general, many of the points we’ve made in our breakdowns of the other prompts will apply here too. The best advice we can give is:

  • Use anecdotes, rather than speaking generally about whatever your topic is
  • Make sure the essay doesn’t just focus on your topic, and instead teaches your reader about a few tangible personality traits that speak to your potential as an NYU student 
  • Provide enough detail that your story feels personal, rather than like something any old applicant to NYU could have written.

With regards to this prompt specifically, since you’re taking this choose-your-own adventure path, don’t be afraid to be a little unconventional in how you do these three things. Maybe you share a quote of something meaningful your dad once said to you about having a responsibility to give back to others, and then you describe a few moments you have shared with him that exemplify how he embodies this ideal every day, and how you seek to do the same.

Alternatively, say you study Latin in school. Maybe you choose a quote from Ovid, your favorite Roman author, that relates to injustice, and explain how to you, this quote shows that, although it’s easy to get discouraged by all the doom and gloom on the news, humans have been trying to make the world a little bit better for as long as our species has existed.

These two examples both take advantage of the fact that you have a pre-existing personal connection to the actual person who said the quote, not just their words, as that’s something you probably don’t have with any of the options given to you (with the possible exception of Taylor Swift). As a result, NYU admissions officers get to see a level of depth and reflection in your response that they otherwise wouldn’t, which is the benefit of this option–you can pick both the framework and the content of your essay, rather than needing to fit what you want to say into a particular structure.

This isn’t a mistake, but just something to keep in mind if you’re seriously thinking about coming up with your own prompt: you still only have 250 words, and you’re going to have to spend probably about 20 of them just on your quote and the name of the person who said it. So, make sure your quote is relatively short (you can also use well-placed ellipses to save yourself room)–Option A, for example, would be much too long, as you’d be using over 20% of your space just on the quote itself.

Regardless of how short your quote is, however, you’re still going to have less space available than if you had chosen one of the options NYU provides, which is yet more reason you need to be 100% sure that this option will allow you to say something none of the others will. If you choose this option without already having some sense of what you’d like to say, having 20 fewer words may end up really biting you.

To summarize: if you’re feeling bold, and already have a clear sense of how you’re going to channel that boldness, this prompt is a great opportunity to truly set yourself apart from other applicants. But if you’re just choosing it because you can, and coming up with your own prompt sounds fun, we’d encourage you to give the pre-established options another look.

Where to Get Your NYU Essay Edited 

Do you want feedback on your NYU essays? After rereading your essays countless times, it can be difficult to evaluate your writing objectively. That’s why we created our free Peer Essay Review tool , where you can get a free review of your essay from another student. You can also improve your own writing skills by reviewing other students’ essays. 

If you want a college admissions expert to review your essay, advisors on CollegeVine have helped students refine their writing and submit successful applications to top schools. Find the right advisor for you to improve your chances of getting into your dream school!

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new york university supplemental essays 2022

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New York University (NYU) Supplemental Essays Guide: 2021-2022

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Not sure how to approach the “Why NYU” essay prompt? CollegeAdvisor.com’s “Why NYU” Essay Guide will show you exactly how to write an engaging “Why NYU” essay to maximize your chances of admission. This guide will also reference CollegeAdvisor’s “Why NYU” essay examples  article  from last year. The piece includes two “Why NYU” essay examples from students who were admitted to NYU. We also reference feedback from former admissions officers on why each “Why NYU” essay was successful.

If you need help crafting your answers to the NYU application essay, create your free  account  or  schedule a free consultation  by calling (844) 343-6272.

New York University ( NYU ) Essay Guide Quick Facts:

  • For the class of 2025, NYU accepted  12.8% of applicants  to its New York Campus.  U.S. News  considers this school to be  most selective .
  • We recommend answering the required NYU essay, and any additional prompts, comprehensively and thoughtfully.

What is NYU known for?

NYU prides itself on the fact that the city is its campus. In 1831, the university’s founders aimed to create an institution of learning that would be “in and of the city.” Thus, NYU’s main campus has no gates or walls separating it from the rest of Greenwich Village. This differs from other schools in the city, such as Columbia University that has a central quad and gates separating itself from the Morningside Heights area. Side note: Barnard College, Columbia University’s affiliated women’s college has its own quad and set of gates, albeit adjacent to Columbia’s campus.)

However, the breadth of NYU students’ learning extends far beyond the confines of Manhattan. NYU has more international students and students studying abroad than any other university in the United States. Students hail from 133 countries and nearly every state in the U.S.

What are three interesting facts about NYU?

  • NYU’s main campus is located in Manhattan. However, the university also has campuses in  Shanghai ,  Abu Dhabi , and other  global academic centers .
  • The origin of NYU’s color, violet, is  obscure . Many believe it’s a nod to the violets that grow in Washington Square and around the original university building. Others trace it back to Athens, Greece—a center of learning in the ancient world. The violet flower was strongly associated with the city.
  • NYU has many world-renowned  alumni , including Lady Gaga, Adam Sandler, and Angelina Jolie.

How many essays do you have to write for NYU?

New York University has  one  required NYU essay prompt in the 2021-2022  Common App . Each applicant will produce a “Why NYU” essay in addition to their Common App personal statement. As you look at the  NYU admissions page , you’ll notice that there are additional requirements for Steinhardt (an  audition or portfolio  for all applicants to the Music Department with the exception of Educational Theatre, and a  portfolio  for those applying to Studio Art) and Tisch (an  audition or portfolio  for applicants to all programs). A pplying to one of these programs? Make sure you complete all of the requirements referenced on the pages linked above.  This NYU essay guide will only cover the required “Why NYU” essay. However, you can use the tips here to help craft the  Steinhardt portfolio ,  Tisch portfolio , and  Martin Luther King, Jr. Scholars Program  essays as well.

How long is the NYU essay?

When writing your “Why NYU” essay, you have a maximum of 400 words to convey your interest in attending NYU. While 400 words may seem like a lot, you will want to strategize to use them wisely. You’ll also see below in the “Why NYU” essay prompt breakdown that there are several layers to the NYU application essay. Accordingly, you’ll need to answer each portion of the NYU essay prompt in order for it to be considered complete.

Due to NYU’s relatively low acceptance rate and competitive admissions process, a strong NYU application essay is key to maximizing your admissions odds. In fact, this is your chance to show NYU your demonstrated interest (DI). Demonstrated interest is what universities use to gauge just how interested a student is in attending their particular school. Want to read more about using supplemental essays to convey DI to each school that you’re applying to? Check out this article on DI by  Forbes .

Why does the NYU essay have a word limit?

The “Why NYU” essay has a word limit because admissions officers have a limit. Last year, over  100,000  first-year undergraduate hopefuls applied to NYU. In short, the “Why NYU” essay has a word limit to help admissions officers process the large number of applications.

There’s more to the picture, however. The NYU supplemental essay prompt also enforces a strict word limit to test your (the applicant’s) ability to respond to their prompt clearly and succinctly. The NYU supplemental essay prompt is intentionally broad. Thus, each writer has ample opportunity to discuss their research on the school, passion about their potential major(s), and general excitement about NYU.

Finally, the NYU admissions committee is looking for well-edited, dynamic writing in each “Why NYU” essay. Having a 400-word limit helps admissions officers identify both strong and weak writing quickly. Most importantly, they’re looking for students who they believe will bring diversity to their community and will excel in a rigorous academic environment.

“Why NYU” Essay Prompt (Required)

We would like to know more about your interest in NYU. What motivated you to apply to NYU? Why have you applied or expressed interest in a particular campus, school, college, program, and or area of study? If you have applied to more than one, please also tell us why you are interested in these additional areas of study or campuses. We want to understand – Why NYU? (400 words)

This NYU essay prompt is more than just a simple “Why NYU” essay question. In fact, there are several layers to the NYU essay. The admissions team is interested in your reasons for applying not only to NYU, but your interest in a particular campus, college, program, and area of study. Consequently, it’s best to approach this NYU supplemental essay as an NYU-specific personal statement. Similar to your Common App personal statement, you’ll want to treat this NYU essay as an introduction to the admissions committee.

How do you write the “Why NYU” essay?

Begin your “Why NYU” essay writing process with a brainstorm/free-write session. Start a list and write down every reason that contributed to your decision to apply to NYU. It can be as simple as “wanting to live in NYU;” as big as “majoring in education studies to make sweeping reforms in NYC’s school systems;” and as specific as “taking a music course with adjunct professor Questlove.”

Take no more than ten minutes to write this list. When you’ve finished, write two more lists, one titled “academic goals,” and the other titled “professional goals.” Spend ten minutes each completing these lists–these don’t have to be specifically related to NYU like the first list, but this is simply an opportunity to think about your area of study and goals for the future.

Make connections

Now that you have these three lists, take some time to draw connections between the three. For example, if your “why NYU” list includes the bonus of living in New York City while attending school, try to connect it with one of your reasons from the other lists. In other words, consider the fact that many students will list wanting to study in New York City as a reason for attending NYU.

To help your NYU essay stand out, you’ll need to create stronger connections between the school and your academic, personal, and professional goals. An example of this in a “Why NYU” essay could look like a student who is excited to study urban planning at NYU. In their NYU essay, they could link their interest in studying the history and future of New York City as the main reason for pursuing this particular program at NYU.

In fact, in the first of the “Why NYU” essay examples, the writer draws a clear connection between their interest in studying at the Stern School of Business and the opportunity to participate in the International Business Exchange Program:

Essay Example 1:

The Bachelor of Science in Business Program excites me, as it entails a well-rounded yet intensive study in core business disciplines. However, what draws me to Stern is the emphasis on gaining a global perspective, which is crucial in today’s rapidly changing world economy. Through the International Business Exchange Program, I will be able to gain a first-hand cultural experience that will mold me into a global citizen and business leader. Not only will I be taking courses in the most prestigious business schools across the globe, but I will also have new doors opened for me to network with alumni.

In just a few short sentences, the writer is able to state their school of interest (Stern), connect it to a program (the International Business Exchange Program), and talk about how NYU can help them accomplish their professional goals.

Identify the connections in your lists of personal, professional, and academic goals related to NYU. Then, it’s time to think about how you’d like to open your NYU essay. The second of our “Why NYU” essay examples perfectly demonstrate the power of a persuasive opening anecdote or story. The first few sentences are meant to draw the reader into your story. This is true of any essay, the “Why NYU” essay included. Consequently, you’ll want to use dynamic language that sets the tone for your NYU supplemental essay. Let’s look at our “Why NYU” essay examples for inspiration:

Essay Example 2:

Before I began interning for the International Rescue Committee’s refugee youth acclimation program—right in the heart of the Lower East Side—I underwent weeks of training in providing trauma-informed support, reminded repeatedly that these kids have gone through more than I could possibly imagine.

Similar to the language in the first of our “Why NYU” essay examples, this writer is able to say a lot in a few sentences. They’ve not only identified their extracurricular/internship work with IRC but also established their level of commitment to helping refugee youths.

As you can see, both of these “Why NYU” essay examples deal with the very different subject matter. One essay deals with a refugee volunteer looking to study racial policy. The other focuses on a finance student looking to network with future NYU alumni. Both candidates, however, are clear in what they want to study at NYU and why it is important for them to pursue that particular program there. They are also able to draw connections between their passions and interests to their proposed academic programs.

Do your research

Make a strong case for why you want to pursue a particular program at NYU. Use the “Why NYU” essay examples for reference; this is the most important part of your “Why NYU” essay. If you’re unsure of what you want to study, now is the time to research  NYU’s programs . The major referenced in your NYU essay may not be what you pursue if admitted, and that’s okay. If you can, however, identify potential majors of interest in your NYU essay prompt response and connect them to your overall candidate profile. This can help you write a stronger NYU essay.

For example, if your extracurriculars deal with creative writing and your high school courses are mainly in literature, picking a STEM major, simply to impress the admissions committee will likely raise red flags. In cases like this, you may want to talk about the ways that an NYU education will help you find your academic area of focus. Your “why” may not be as clear, but you can still write a successful “Why NYU” essay that focuses on what draws you to the unique community at NYU.

In other words, authenticity is key. Don’t submit a NYU essay that simply tells the admissions officers what you think they want to hear.

“Why NYU” Essay Draft Key Questions:

  • Does your “Why NYU” essay talk about your motivations for attending NYU?
  • In your NYU essay prompt response, do you demonstrate that you’ve done research on the schools, programs, courses, and organizations that NYU offers?
  • When applicable in your NYU essay, do you mention specific NYU campus traditions, courses, regional attractions, professors, etc.?

What should I include in my “Why NYU” essay?

The NYU supplemental essay prompt asks two deeper questions: “What motivated you to apply to NYU?” and “Why have you applied or expressed interest in a particular campus, school, college, program, and or area of study?”. Both of these questions should be answered when drafting your “Why NYU” essay.

Naturally, NYU’s desired location in New York City leads many of its applicants to apply to the school. You can speak about the unique opportunities that the big city presents. However, you want to ensure that your response is specific enough to NYU. What does NYU have to offer that Columbia and Fordham don’t? Remember in the second of the “Why NYU” essay examples, the writer was able to specifically name the major (public health policy) that they wanted to pursue at NYU, as well as where they wanted to carry out research ( CASSR ). As in the “Why NYU” essay examples, it’s best to be as specific as possible.

After all, the NYU essay prompt asks “What motivated you to apply to NYU?”, and not “What motivated you to apply to college in New York City?”. A solid strategy in approaching this NYU supplemental essay, then, is to center your essay around NYU. This might seem obvious. However, you’d be surprised how many students realize  after the fact  that their completed NYU essay revolves around the city of the school and not the school itself.

Tell a story

For this NYU supplemental essay, it’s important to reflect on the past experiences that have led you to be interested in a given area of study. Was it a specific moment in your life or a series of experiences? You have the option to choose either path in writing this NYU application essay. Take a look at both of the “Why NYU” essay examples on the CollegeAdvisor  blog . The first NYU essay example highlights multiple experiences that led the author to their interest in pursuing a finance major. The second of the “Why NYU” essay examples makes one volunteer experience the focus of their NYU essay prompt. Both are strong and a great reminder that your “Why NYU” essay should be as unique as you are!

To recap, the NYU application essay you submit should be thoroughly researched. After familiarizing yourself with NYU’s  campuses  and  programs , you should include specific details related to your program of interest in your “Why NYU” essay. If it’s relevant to your essay you may also want to write about specific NYU  clubs/organizations  and  events/traditions .

NYU Application Essay: Final Thoughts

Completing the NYU supplemental essay can seem daunting, but don’t let the NYU essay prompt discourage you from applying. At the end of the day, the NYU essay prompt is not intended to trip you up. Rather, view the NYU application essay as an opportunity to further introduce yourself to the admissions team.

Use this NYU supplemental essay guide to help you approach the NYU application essay with confidence. Before and during your NYU essay writing process, make sure to spend some time reading over our “Why NYU” essay examples. Use the feedback from former admissions officers included with each NYU essay as guiding criticism for your own draft. While your experiences are going to be different than what is outlined in the “Why NYU” essay examples, your reasons for wanting to attend NYU should be just as clear as you read in the sample essay.

After completing your NYU supplemental essay, make sure to revise your NYU application essay. You should ask a counselor, advisor, or other trusted adult to help you proofread for spelling, grammar, and clarity. Good luck!

new york university supplemental essays 2022

This 2021-2022 essay guide on NYU was written by  Juliana Furigay , Columbia ‘23. For more resources on the college admissions process, click  here . If you need help crafting your answer to the NYU essay prompt, create your free  account  or  schedule a no-cost advising consultation  by calling (844) 343-6272.

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new york university supplemental essays 2022

December 12, 2021

Tips for Answering the NYU Supplemental Essay Prompt [2021 – 2022]

Tips for Answering the NYU Supplemental Essay Prompt [2021 – 2022]

Located in the middle of bustling lower Manhattan, New York, NYU’s campus is intertwined with the city. It is not a campus in a traditional sense – its buildings and lifestyle are organized around Washington Square Park, enabling students and faculty alike to take advantage of everything offered by this energetic area.

NYU grants degrees from its NYC campus along with campuses in Abu Dhabi and Shanghai. In addition, it has satellite campuses in London, Accra, Berlin, Buenos Aires, Tel Aviv, Sydney and more; access to these locations around the world provide opportunities for a truly global undergraduate educational experience. Many students are particularly attracted to the ease with which they can study abroad and remain under the larger intellectual umbrella of the University.

Get a free consultation: Click here to schedule a call to find out how our admissions expert can help YOU get accepted to NYU!

NYU offers several admissions options including binding Early Decision I (November 1st deadline) and Early Decision II (January 1st deadline), as well as Regular Decision (January 5th deadline). In addition to the main Common Application essay, NYU requires only one additional essay response.

The admissions committee is already aware of your grades, test scores, letters of recommendation, honors/awards, activities and whatever you wrote about in your main Common Application essay. Now is your chance to share your passion for NYU! Be careful not to repeat information you shared in your main essay. Use your NYU response to convince the admissions committee that NYU is the best place for you and to show how you might contribute to the diverse community at NYU.

NYU’s supplemental essay question

We would like to know more about your interest in NYU. What motivated you to apply to NYU? Why have you applied or expressed interest in a particular campus, school, college, program, and/or area of study? If you have applied to more than one, please also tell us why you are interested in these additional areas of study or campuses. We want to understand – Why NYU? (400 word maximum)

The sole purpose of this prompt is to provide an opportunity for you to demonstrate your fit with NYU. You will want to do this in 3 ways (and all 3!): prove an intimate knowledge of NYU and its offerings, of NYC and all it has to offer, and of what makes you stand out as a diverse contributor to the NYU community. 

You only have 400 words to communicate what draws you to NYU specifically- to the campus, school, college, program and/or specific area of study. Think about your personal connection to the school and the city. Don’t just list interesting things about the city—you are not a tour guide. Instead, explain why those things are so important to you and your potential growth. 

Consider your values and how the unique qualities/opportunities at NYU appeal to you. In short, make a personal connection. How might the approach to education at NYU support your learning? This might include: studying abroad, potential experience with internships, relationships with people from around the world, specific academic requirements or programs, career-related opportunities, or anything else you feel is important to your success. Ultimately, you want to prove, not only your own qualifications, but your informed knowledge of NYU and the research you’ve done to be certain NYU would be the perfect fit for you.

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In addition to demonstrating an intimate knowledge of NYU as a university, this essay also offers you a chance to think about what living and learning in a fast paced city like New York might be like: how is it similar to what you are accustomed to, or perhaps different? What are the particular reasons you find this setting appealing? Once you’ve explained the appeal of the city, you must also demonstrate your independence because you will need to be independent in order to navigate the NYU world. How will you survive, contribute to and thrive in this atmosphere. How will you embrace this environment? How can you benefit from this experience? Why is studying at NYU your true calling?

Keep in mind that NYU is assembling a first-year class that represents regional, global, and cultural diversity. NYU values difference and supports students of all identities and backgrounds. Don’t underestimate yourself and your story. Each applicant has something to offer that can enrich this distinct cohort. How might you utilize this opportunity to grow as a person, as a global citizen, as a future leader?

Final thoughts on applying to NYU

To offer some context for where you might stand: NYU’s Fall 2020 acceptance rate was 21%. Although NYU offers one of the most flexible standardized testing policies (see NYU admission website for details), the average SAT scores are 738 for Math and 701 for Evidence-Based Reading and Writing. The average ACT score is 32. This is a competitive applicant pool.

Although it is wise to keep these statistics in mind, take a moment to relax and plan. Make sure you meet all deadlines and allow yourself adequate time to write and revise your essays. Consider the best way to reflect your personal experiences, convey your interests, express your enthusiasm for learning, and demonstrate how and why NYU is the best place for you!

If you’re applying to NYU, you already know you’re up against tight competition. Don’t be overwhelmed. Get the guidance of an experienced admissions specialist who will help you stand out from a highly competitive applicant pool so you can apply with confidence, and get accepted! Click here to get started!

***Disclaimer: Information is subject to change. Please check with individual programs to verify the essay questions, instructions and deadlines.***

new york university supplemental essays 2022

Related Resources:

  • School-Specific Supplemental Essay Tips
  • The Essay Whisperer: How to Write a College Application Essay
  • Focus on Fit , a podcast episode

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new york university supplemental essays 2022

How to Succeed with the NYU Supplemental Essay 2021-2022

Padya Paramita

October 6, 2021

new york university supplemental essays 2022

You might always have wanted to attend the Tisch School of Arts as an aspiring dancer. Or, you might have become interested in the Stern School of Business recently when your commitment to entrepreneurism developed. Regardless of how long it has been one of your top choices, you’ve got your eyes on New York University. It will be important to express this interest to their admissions officers! Just saying you want to go to school in New York City isn’t specific enough. You must take advantage of the NYU supplemental essay 2021-2022 in a way that will help admissions officers understand why you’d be a perfect fit for one of their academic programs.

The overall acceptance rate at NYU is 12.8%, so you know the school is selective. Because NYU offers so many specialized majors, you write a strong, specific response to the NYU supplemental essay 2021-2022 that reflects your interest in your school of choice and field of choice. Read on to find out the best ways to approach the prompt alongside some additional tips to assure your success.

Prompt for the NYU Supplemental Essay 2021-2022

We would like to know more about your interest in NYU. What motivated you to apply to NYU? Why have you applied or expressed interest in a particular campus, school, college, program, and or area of study? If you have applied to more than one, please also tell us why you are interested in these additional areas of study or campuses. We want to understand - Why NYU? (400 words)

When you choose New York University as one of your colleges in the Common App, you’ll also have to specify which of NYU’s campuses you want to apply to between the ones in New York City, Abu Dhabi, and Shanghai. If you want to attend the NYC campus, you have to apply to one of the following colleges:

  • The College of Arts and Sciences
  • Gallatin School of Individualized Study
  • Liberal Studies
  • Meyers College of Nursing
  • School of Professional Studies
  • Silver School of Social Work
  • Steinhardt School of Culture, Education, and Human Development
  • Stern School of Business
  • Tandon School of Engineering
  • Tisch School of Arts

This is a classic “why our school” question, but somewhat more nuanced. Admissions officers don’t just want to know why you’re applying to NYU generally; they expect your response to the NYU supplemental essay 2021-2022 to go into greater detail about the campus(es), school, and major you’ve picked. While 400 words might seem to be a luxury compared to the word limit for many schools, it’s not a lot when you have to talk about the campus, the college, and the program.

Carefully divide up your answer. Think about what makes you excited to attend college in Abu Dhabi, Shanghai, or NYC. But, don’t over-fixate on the location because your main focus should lie in explaining why NYU is the best place to pursue your interests and goals. Think about specific resources that are available within your chosen department that you can’t find elsewhere.

Notice that this essay should mainly cover academics. NYU’s clubs and student organizations may make it an alluring place for you, but the question explicitly asks about your choice of study. Look through the website and think about what you can write about that won’t be common in other students’ essays. Is there a professor whose research resonates with you? Would a particular acting class perfectly fit in with your 10-year plan? Remember that admissions officers are trying to figure out why you’d make the most of your experience on campus. So, talk elaborately about how you would take advantage of the facilities and give them a sense of the ways in which you’d make a valuable addition in the classroom.

Additional Tips for the NYU Supplemental Essay 2021-2022

  • Know which NYU school and major you want to apply to and write about it - Your response to the NYU supplemental essay 2021-2022 prompt must be very specific. Since you only have the opportunity to choose one college and one major, think as specifically as you can about what you plan to study. Would your interests be defined by the broader “Cinema Studies” major at the College of Arts and Sciences or are your profile and goals more suited towards the “Film and Television” or “Interactive Media Arts” programs at the Tisch School? NYU pays careful attention to your demonstrated commitment within your field of study as well as your potential to make an impact. Once you’ve decided which campus and which college or program best suits you, it’s time to make sure your supplemental essay reflects that you’re a good fit.
  • If you’ve attended information sessions, let the school know - NYU is one of the schools that tracks your demonstrated interest. As a result, it helps to write about what you’ve learned about the school through information sessions, online events, campus tours in your NYU supplemental essay 2021-2022 . The greater detail you add in your response, the better admissions officers can understand that you really have committed to doing your research, and the greater your chances of showing that you’re the right fit. Making the effort to show them you’re interested adds a small boost to your profile!

The NYU supplemental essay 2021-2022 is a combined “why school” + “why major” essay that really wants you to dig deep and convey why this school, with its campuses and specialized majors, would help you reach your goals. Show the admissions officers that you’re passionate about the university and you’ll be able to put your best foot forward in making a strong case for yourself. Good luck!

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Published December 08, 2023

NYU Admissions Counselors Tackle the 2023-24 Supplemental Essay

Staff Writer

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NYU Supplemental Essay (Jimmy's Version)

“we’re used to people telling us there are no solutions, and then creating our own. so we did what we do best. we reached out to each other, and to our allies, and we mobilized across communities to make change, to benefit and include everyone in society.” judith heumann, disability rights activist and 2022 nyu commencement address speaker.

Humanity is a web within which we are all intrinsically tied. Realizing one’s own agency is the key to better community. Realizing that we as humans can leverage that agency together is the key to a better world.

Even the tiniest drops of water can create a new path over time. The power of persistence has motivated me my entire life. Each individual voice, relationship, and community is a work of art, and that art is a powerful medium of change. The world we experience today needs that art, the persistence that comes with it, and passion that inspires it. The fact that almost 8 billion of us around the globe are writing a story together, whether we want to or not, is a harmony of existence. As humans on this planet, we have the ability to steer that pen on paper.

Through my community engagement, extracurricular leadership, and academic exploration, I have already learned an incredible amount towards how I want to show up in this world. I’ve learned that when people come together over a cause, there is no hurdle too high. I’ve learned that diversity is essential, and diversity of thought results in innovative ideas and solutions. I’ve learned that sustainable design principles can build healthier, happier environments.

From a pool of individuals’ solutions comes the collective future of our dreams. I would love nothing more than to roll up my sleeves and learn amongst the greatest minds of my generation as a student at NYU. 

NYU Supplemental Essay (Ayham's Version)

“you have the right to want things and to want things to change.” sanna marin, former pm of finland and 2023 nyu commencement address speaker.

I grew up in a household that valued tradition wholeheartedly and held a profound connection to following our beliefs, customs, and legacy till the day we leave this world. I loved my traditions and customs, but I also loved change: learning, growing, prospering, and reimagining tradition. Yet, at times, these two values clashed, unfortunately, and I was faced with the dilemma of “what is right?” I remember staring at my computer screen, looking at my academic record, and being happy with my grades and position at my school. I made my mother proud, and that’s all that mattered… But was it?

Part of me, deeply hidden inside, was unsatisfied. I was good at what I did, but I wasn’t happy. I wanted to be in a more open, diverse, and inclusive environment. I wanted to feel more challenged –  I wanted change. I remembered my traditions and beliefs, but I also wanted to remember myself, my wants for change, and I wanted to better myself. These two parts of my identity don’t always have to clash. So, I catered to the next step of my life, applying to college, to situate myself in spaces where I can experience the growth I want to see for myself. The challenges I want to endure. I am applying to NYU because I do have the right to want things, and I want to experience my new self in the global education NYU has to offer.

NYU Supplemental Essay (Bridget's Version)

Share a short quote and person not on this list, and why the quote inspires you..

“Everybody wave goodbye to Juice Box!” So screams Will Ferrell in the 2005 cinematic masterpiece Kicking and Screaming . Admittedly, this is a weird quote for a college essay, but hear me out. Every Friday night growing up, my family would choose a movie to watch. Most often, we would choose Kicking and Screaming , a comedy about a crazy soccer coach.

Every week, we’d sit in the same places and settle in to watch the same movies in rotation. And every week, regardless of how many times she’d seen it, my younger sister laughed hysterically when Will Ferrell screamed at the “juice box boy.”

How could she think it was so funny? I didn’t. And after all, she was basically a mini-me – or so I thought. When you’re 13, it seems like your siblings are non-player characters; you live in the same house and occasionally chat about chores, but you never think about them as real people with independent thoughts. Or, at least I didn’t. My sister’s laughter led me to realize that, even though we lived in the same house, I didn’t actually know all that much about my siblings. Since then, I’ve made an active effort to learn more about the people around me. In college, I strive to extend this sense of curiosity about people into the rest of my life, too. I believe that everyone has a unique perspective to share. By learning about other people, I can learn more about the wider world around me.

Your Guide to the NYU Supplemental Essay

Looking for advice on the 2023 NYU supplemental essay question? NYU Admissions Counselor Katie Hindman has advice and tips for applicants.

Announcing the 2023-2024 Common Application for NYU

Planning to apply to NYU during the 2023-2024 academic year? Here's what you need to know about recent changes to NYU's Common Application.

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Start the year off right: 94% of our students were accepted to their top choice schools over the last five years!

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Command Education Guide

How to write the new york university essays, updated for 2023-2024, question 1 .

We are looking for peacemakers, changemakers, global citizens, boundary breakers, creatives and innovators – Choose one quote from the following and let us know why it inspires you; or share a short quote and person not on our list who inspires you, and include why.

Explanation:

Although NYU gives you the option not to answer this supplemental question, we highly recommend that you take advantage of the opportunity to tell the school a little more about yourself.

That being said, the key to writing a strong supplement is choosing a quote that allows you to shed more light on your values, accomplishments, and the reasons why NYU is a good fit for you.

You should also highlight how you fit into one of the roles the university mentions they are looking for at the beginning of the prompt: a peacemaker, changemaker, global citizen, boundary breaker, creative or an innovator. How do you fit into one of these categories? Does one of the quotes provided mirror that which inspired you to take on that role?

As you write your essay, be sure to both explain why the quote you choose inspires you, and shed light on one of your own related values or accomplishments.

A strong NYU supplemental essay might look something like:

Quote 1: “We’re used to people telling us there are no solutions, and then creating our own. So we did what we do best. We reached out to each other, and to our allies, and we mobilized across communities to make change, to benefit and include everyone in society.” Judith Heuman, 2022 NYU Commencement Address”

“Drumroll please…We raised $220,000 for this year!”

Since the beginning of my sophomore year, I’ve had the pleasure of working alongside 24 of my peers to host an annual gala to raise funds for ALS research laboratories. Our group has carried on the work started ten years ago by our peers, who sprung into action when they learned of their teacher’s diagnosis.

Amyotrophic Lateral Sclerosis has no cure, and to this day, 5,000 people learn of their own diagnoses annually.

So, in Heumen’s words, we work to enact change, and we do it as a community by collaborating with local vendors, restaurants and businesses, both local and national, to secure the monetary donations, raffle items, decorations, and food and beverages necessary to host a successful gala. Every summer, two of us travel to Northwestern to partake in the Feinberg Institute’s ALS research—funded in part by our efforts.

Cold calling and soliciting donations from businesses in an effort to raise funds was daunting at first, but it ultimately brought me out of my shell. Last year, planning the gala as a Junior Lead taught me the importance of delegation, and working alongside my mentor at the Feinberg last summer, I learned the power of sheer dedication in the face of a problem for which no solution is in sight.

Heumen’s words reflect that which I have most loved about fighting for a cure alongside my peers: when communities work together in pursuit of a goal that supersedes their personal gain, far-reaching positive change is possible.

new york university supplemental essays 2022

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New York University (NYU) 2023-24 Supplemental Essay Prompt Guide

Regular Decision Deadline: Jan 5

You Have: 

New York University (NYU) 2023-24 Application Essay Explanations

The Requirements: 1 essay of 250 words

We are looking for peacemakers, changemakers, global citizens, boundary breakers, creatives and innovators – Choose one quote from the following and let us know why it inspires you; or share a short quote and person not on our list who inspires you, and include why.

“we’re used to people telling us there are no solutions, and then creating our own. so we did what we do best. we reached out to each other, and to our allies, and we mobilized across communities to make change, to benefit and include everyone in society.” judith heuman, 2022 nyu commencement address , “i encourage your discomfort, that you must contribute, that you must make your voice heard. that is the essence of good citizenship.” sherilynn ifill, 2015 nyu commencement address , “if you know how to fly but you never knew how to walk, wouldn’t that be sad” lang lang, 2015 nyu honorary degree recipient , “you have the right to want things and to want things to change.” sanna marin, former prime minister of finland, 2023 nyu commencement address , “it’s hard to fight when the fight ain’t fair.” taylor swift, change, released 2008, 2022 nyu commencement speaker , share a short quote and person not on this list, and why the quote inspires you..

Through this selection of quotes, NYU is asking you to share ways in which you are not like everyone else. Grab a notebook and spend a few minutes with each of the quotes in turn, jotting down whatever words, ideas, or images come to mind. If none of them speaks to you, think about a person or quote that has resonated with you over the years. When you’re done brainstorming, go back through your notebook and see what came up. You can describe past events (maybe you clashed with school administration over unfair policies), experiences you anticipate in college (perhaps you plan to do research to find innovative climate solutions), or your plans for the future (maybe you want to become a diplomat to foster peace internationally). You can also reference the quoted individual’s life and how that inspires you. Remember, this isn’t an essay about your accomplishments or academic interests; your response should, rather, offer admissions insight into your values, passions, and worldview.

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How to Write the NYU Supplemental Essay

Madeleine Karydes

Madeleine Karydes

Lead admissions expert, table of contents, the 2022-2023 nyu admissions essay prompt, how to use the 3-part structure to write your best nyu supplemental essay, more tips for writing the nyu supplemental essay, up next: completing the nyu admissions process.

Stay up-to-date on the latest research and college admissions trends with our blog team.

How to Write the NYU Supplemental Essay

If you’re getting stuck while trying to complete the New York University (NYU) admissions process, you’re not alone. This sought-after institution includes a “supplemental essay” prompt that is known to trip up even the most qualified students. 

The first thing to know is that, while the NYU supplemental essay is listed as optional, you’re going to want to be sure to complete this prompt, as NYC includes it when reviewing your complete package. Having anything missing will set you apart from the other applicants – and not in a good way.

Let’s take a closer look at the prompt, and explore some ideas on how you might structure your best response.

new york university supplemental essays 2022

So, how do you tackle this part of your application? First, you’ll need to understand the question they’re asking (it’s the same for everyone), and think about the ways you could approach it. The prompt during the 2022-2023 application season was the following:

NYU was founded on the belief that a student’s identity should not dictate the ability for them to access higher education. That sense of opportunity for all students, of all backgrounds, remains a part of who we are today and a critical part of what makes us a world class university. Our community embraces diversity, in all its forms, as a cornerstone of the NYU experience.

We would like to better understand how your experiences would help us to shape and grow our diverse community. please respond in 250 words or less. .

NYU is mixing it up a bit with this prompt. The NYU admissions process used to include the much shorter prompt of, “Why NYU?” The 2022-2023 question is similar to the previous prompt (both are ultimately about setting yourself apart from other applicants), but it turns the focus from the institution to the students themselves. The bottom line: NYU wants to know what you would bring to the university’s diverse table. 

While we don’t know yet what the prompt will be in 2023-2024, it’s possible it could stay the same. Or, it might be a variation on this prompt. Either way, knowing what NYU likes to ask, and giving yourself some time to think about how you’d respond, will help you be more prepared than the average applicant. 

When thinking about this prompt, here are a few ways you might choose to frame your answer:

  • Highlight your leadership experience

Universities need student leaders who will champion social causes and social change. They’re also looking for students who will participate in on-campus activities like student government, take on TA roles, and run the various clubs and organizations the university wants to offer to all students. Talk about a time you were called to be a leader, and delivered. This could be something that happened in an academic setting, or, it could be a time you had to lead in your family, your community, or during an extracurricular activity. Remember, NYU is looking for students who stand out, so you might want to highlight a leadership moment that not many other applicants are likely to have encountered. 

  • Talk about something that is completely unique to you

Here we go again with the idea that NYU is looking for applicants who stand out from the crowd. By asking about your life experiences, they want to know what you’ll bring to campus that is different from what is already there. Is there something about your life story that is uber unique that you could highlight? For example, did your family live overseas for an extended period of time? How might that have shaped who you are and what you hope to accomplish at NYU? Maybe you lived through a challenging time in your community due to a natural disaster or social change. Talk about how you contributed to any positive outcomes, or how it shaped your worldview and what you want to pursue in the future. These are just a few examples – you know best what makes you unique, so write about that! 

  • Share something that will surprise the admissions committee

Admissions counselors read hundreds of essays. Even the most dedicated reviewer is at risk of getting bored with the task, or getting lulled into complacency. One of the ways to make your response stand out is to bring emotion or humor into it (while still keeping things professional and appropriate, of course). When you cause an emotional reaction in someone, they are going to have an easier time remembering you. Did the most embarrassing moment of your life turn out to be life-changing in a way that makes you ready for NYU? Maybe you lived through a challenging time that taught you valuable life skills, or set you on a path towards a certain career or work as an activist. The admissions committee is going to read a lot of essay responses that sound alike – give them something surprising that makes them want to bring you into the NYU community. 

Lastly, always remember that whatever you choose to write as your response to the NYU admissions essay prompt, you absolutely must keep it honest. It can be tempting to make something up that you think will definitely get you in. Or to embellish a story because you think they will like it better that way. The truth is that the truth always has a way of coming out. Lying or being less than honest in your NYU supplemental essay response is a surefire way to damage your changes of getting in. Not to mention what it could do to your reputation long term. It’s better to just keep it real. 

New York skyline

Now that you understand what NYU is really asking of you in the prompt, and you have an idea of how you’d like to answer it, you need to focus on writing a structurally sound essay.  The NYU admissions essay is short – only 250 words! Getting the structure and flow right is going to be key to making a good impression on the admissions committee. 

That’s why you should focus on the go-to formula for essay writing: the 3-part structure. 

If you’ve ever taken a writing class, you’ve likely come across the concept of the 3-part essay. This rule says that all essays should have an introduction, thesis, and conclusion to make them readable, interesting, and impactful. Let’s take a closer look at each section:

  • The Introduction

Use the introduction (the first 2-3 sentences) to catch the reader’s attention. Here’s where you tee up the rest of the story you’re going to tell in your NYU supplemental essay. Hook the reader here and they’re more likely to remain focused on what you have to say later. 

A thesis statement outlines the main argument, point of view, or insight that the essay intends to deliver. This is where you might try to convince the reader of your idea, perspective, or prediction. It is generally only a sentence long, but it is the entire reason we write essays in the first place: to declare something to the world. If NYU is asking what you’d bring to the campus, here’s where you say exactly that. 

  • The Conclusion

Now that you’ve caught the reader’s attention and presented them with your main argument, it’s time to wrap it all up with a thoughtful ending. A strong essay never ends abruptly. Instead, it often takes the reader back to the beginning, to remind them how they got to this point in the first place. The conclusion ties it all together, and leaves the reader feeling like the story has, well, concluded!

Once your essay is written, follow these tips for making it shine:

  • Check for any grammatical errors or spelling mistakes. Either one of these will make even an interesting essay look sloppy.
  • Read your essay out loud. How does it sound? Is this a story you’d like to hear someone tell?
  • Have someone else proofread your essay. Your eyes will start to miss errors. Someone else could catch a mistake and save your essay.
  • Verify the word count to make sure you’re within the limit set by NYU. You don’t want to have to scramble at submission time. 

student working in nyc

Now that you know what is expected of you in the NYU supplemental essay, it’s time to tackle the entire NYU admissions process . No matter which campus you apply to (New York, Abu Dhabi, or Shanghai) or which academic program you’d like to pursue (undergraduate, graduate, or professional degree), you can set yourself up for success by carefully reviewing all of the admissions criteria, deadlines, and other important information. Keep yourself organized, and be sure to complete even the optional admissions steps (such as the NYU supplemental essay) to help your application stand out from the thousands of other applications NYU receives every year. 

Remember: you have something unique to bring to the diverse NYU campus community. Don’t be afraid to show it off! It might just be exactly what gets you accepted to your top choice university. 

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NYU Supplemental Essays 2023-24 Prompt and Advice

August 17, 2023

nyu supplemental essays

In the 2022-23 admissions cycle, NYU received over 120,000 applications. That was a record-breaking figure for the university (13% more than the previous year!), as was the all-time low acceptance rate of 8%. To put these numbers in proper context, consider for a moment that in 1991, NYU had an acceptance rate of 65%. At the start of the Obama presidency, NYU still only received 37,000 total applications. These numbers lead us into the topic of this blog, the NYU supplemental essay.

(Want to learn more about How to Get Into NYU? Visit our blog entitled:  How to Get Into NYU  for all of the most recent admissions data as well as tips for gaining acceptance.)

Clearly, standing out as an applicant to NYU was a heck of a lot easier a generation or even a mere decade ago. For the Class of 2027, the median SAT score for an admitted applicant was 1540 , meaning that even a standardized test score in the 99th percentile won’t do much to separate you from the hordes of equally credentialed applicants.

Although it only has one prompt, NYU’s essay still affords applicants an opportunity to illustrate what makes them uniquely qualified for admission. Below is NYU’s supplemental essay for the 2023-24 admissions cycle. We then follow with College Transitions’ advice on how to craft a winning composition.

2023-2024 NYU Supplement Essays

This is a new prompt for the 2023-24 admissions cycle. It’s optional, but we highly encourage anyone who would like to be a serious contender (which, if you’re taking the time to apply, hopefully you are) to answer it.

We are looking for peacemakers, changemakers, global citizens, boundary breakers, creatives and innovators – Choose one quote from the following and let us know why it inspires you; or share a short quote and person not on our list who inspires you, and include why. (250 words)

  • “We’re used to people telling us there are no solutions, and then creating our own. So we did what we do best. We reached out to each other, and to our allies, and we mobilized across communities to make change, to benefit and include everyone in society.” Judith Heuman, 2022 NYU Commencement Address
  • “I encourage your discomfort, that you must contribute, that you must make your voice heard. That is the essence of good citizenship.” Sherilynn Ifill, 2015 NYU Commencement Address
  • “If you know how to fly but you never knew how to walk, wouldn’t that be sad?” Lang Lang, 2015 NYU Honorary Degree Recipient
  • “You have the right to want things and to want things to change.” Sanna Marin, Former Prime Minister of Finland, 2023 NYU Commencement Address
  • “It’s hard to fight when the fight ain’t fair.” Taylor Swift, Change, Released 2008, 2022 NYU Commencement Speaker
  • Share a short quote and person not on this list, and why the quote inspires you.

NYU Supplemental Essay (Continued)

This prompt—and its options—are incredibly open-ended, offering you the power to decide why a particular quote inspires you (note that there are no guiding questions or proposed directions for any quote). As such, read through the quotes provided and note which one you continue returning to. When you read that quote, what do you want to do ? What type of change do you want to affect? Does it encourage to create or innovate? How so? Moreover, does it remind you of an experience you’ve had, a challenge you’ve overcome, or a belief you hold? Perhaps it calls to mind an aspect of your background or perspective. Or, it could speak to a particular social or political cause that is important to you. Alternatively, you can even choose your own quote if none of the above resonates with you.

The strongest responses will look to the future while also incorporating past personal experiences or influences. For example, perhaps the second prompt inspires you to continue seeking out experiences that challenge you. “Why is that?” NYU will want to know. Perhaps, earlier this year, you went out of your comfort zone to speak up at a school board meeting about your school district’s book ban policy, ultimately meeting & agreeing to continue working with a group of fellow students who also opposed the policy.

Finally, given that this is NYU’s only supplemental essay, you can also incorporate how you plan to seek out specific experiences or resources at NYU.

How important is the NYU supplemental essay?

NYU deems four elements as “very important” in evaluating a candidate. These are: the rigor of your secondary school record, class rank, GPA, standardized test scores, and talent/ability. The NYU supplemental essay is considered to be “important” alongside letters of recommendation, extracurricular activities, and character/personal qualities.

Want personalized assistance?

In conclusion, if you are interested in working with one of College Transitions’ experienced and knowledgeable essay coaches as you craft your NYU essay, we encourage you to  get a quote  today.

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Dave Bergman

Dave has over a decade of professional experience that includes work as a teacher, high school administrator, college professor, and independent educational consultant. He is a co-author of the books The Enlightened College Applicant (Rowman & Littlefield, 2016) and Colleges Worth Your Money (Rowman & Littlefield, 2020).

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How to Respond to the 2023-2024 NYU Supplemental Essay

new york university supplemental essays 2022

New York University is located in the heart of the city that never sleeps, New York City! Due to its ideal location in the Big Apple, NYU has an acceptance rate of 13% . Your NYU application will need to impress if you want to gain an education in NYC!

NYU applicants are offered the opportunity to submit an optional essay to better showcase who they are. NYU states that students who do not submit the optional essay will not be penalized in their admissions review process. Students who are set on NYU might want to take this extra step to impress. Keep reading to learn how to ace the NYU supplemental essay question!

Don’t miss: Top New York scholarships

The NYU supplemental essay: The prompts

Get excited, because NYU only requires one optional supplemental essay response! Students will respond to the following statement from NYU:

We are looking for peacemakers, changemakers, global citizens, boundary breakers, creatives and innovators. Choose one quote from the following and let us know why it inspires you; or share a short quote and person not on our list who inspires you, and include why. (250 words) 

Applicants may choose from the following list:

1. “We’re used to people telling us there are no solutions, and then creating our own. So we did what we do best. We reached out to each other, and to our allies, and we mobilized across communities to make change, to benefit and include everyone in society.” Judith Heuman, 2022 NYU Commencement Address

This quote can be a little overwhelming due to its length but ultimately it is just stating that teamwork can create beneficial solutions. So, if you have any experience working with others whether it be an organization or just one other person to help you solve a problem, this is the perfect quote for you! To begin responding to this essay prompt you should firstly describe what this quote means to you. How do you interpret this quote? Next, you should detail a story from your life in which you came together with others to solve a problem. Be creative and descriptive in detailing this experience! You want the admissions officer to understand your situation and get a good gauge of the type of person you are especially in difficult situations in which a problem needs to be solved. Don’t forget that this response is only 250 words so be as detailed in as few words as possible! 

Questions to consider

  • When was a time in which you had to work with others to solve a problem? 
  • Does collaboration help you solve a problem more effectively? 
  • What problems are you passionate about solving? What steps would you take to ensure that you can solve these issues? 

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2. “I encourage your discomfort, that you must contribute, that you must make your voice heard. That is the essence of good citizenship.” Sherilynn Ifill, 2015 NYU Commencement Address

This quote is very similar to the first one in that it wants to know how you have benefited your community. To begin, try and think about a time in which you stood up for something or someone that was against the grain or norm for your community. Or, think of a time in which you made your voice heard within your community. Once you decide on a moment no matter how big or small, describe it! You should detail what led up to you sparking a change and how exactly you went about it. Additionally, you should describe what happened after the fact. Did you spark a movement in your community? Did you get ridiculed? Would you stand up again despite the discomfort you faced? This reflection is the most important part of your response as this will show the admissions officer what you have learned from your experience. You want to prove to the admissions officer that you will better the NYU community due to your prior experiences and lessons learned. Don’t forget that this response is only 250 words so be as detailed in as few words as possible! 

  • Have you ever stood up for something in your community? 
  • What have you learned about yourself from making your voice heard? 
  • Do you think people should stand up for what they believe despite the uncomfortableness they may feel? 
3. “If you know how to fly but you never knew how to walk, wouldn’t that be sad?” Lang Lang, 2015 NYU Honorary Degree Recipient

This is a hard quote to digest! Lang Lang is a musician and said this quote in response to an interview question about how he likes to tackle the most difficult music pieces first. Knowing this background, it is easier to digest the quote! Ultimately, Lang is detailing that learning the basics and not jumping ahead to the difficult and rewarding parts first can be extremely valuable. Therefore, try to think of a time in which you may have started something ambitious without gaining a good understanding of the topic. Or perhaps a time in which your own pride got in the way of you succeeding because you wanted to skip ahead without going over the mundane intro-leveled steps. No matter what this activity or skill is, it is important that you focus on what you learned in your essay response. You should be detailing how learning the basics actually could provide you with a solid foundation to become an expert in this skill despite not realizing this at the moment. Additionally, you should describe what you learned from this experience and how you will take this skill of learning to walk before flying with you to NYU in order to succeed. Don’t forget that this response is only 250 words so be as detailed in as few words as possible! 

  • Can you describe a time in which you learned to fly before walking? 
  • Have you ever been ambitious and tried to complete something with no prior background experience in the topic? 
  • What have you learned from trying something without practicing the basics first? Would you do it again? 
4. “You have the right to want things and to want things to change.” Sanna Marin, Former Prime Minister of Finland, 2023 NYU Commencement Address

There are a lot of things you may want to change whether that be something small in your personal life or something large in the world. So, for this response you should try to narrow down your options to selecting a problem that you have taken action to change within your community and life. Meaning, this may not be the best time to discuss a large problem that humans are nowhere near solving. Rather, choosing something you are passionate about that you have actively tried to change in your life can show admissions officers the type of person you are. Remember, this problem can be something as small as wanting to exercise more or something a little bigger such as wanting there to be less litter in your neighborhood. Once you select your problem, you should describe what you have done or are planning to do to change it. You can and should even discuss any obstacles you have faced or criticisms to show that you truly want this change to occur despite any setbacks. Ultimately, make sure that you are detailing your want to change something in your life or community and how you go about actually creating change. Don’t forget that this response is only 250 words so be as detailed in as few words as possible!  

  • What is something you have been actively involved in trying to change in your life or community? 
  • Is wanting to change enough? Or do you believe you need to act in order to initiate change? 
  • What have you learned from creating change in your life? Will you continue to fight for change at NYU? 
5. “It’s hard to fight when the fight ain’t fair.” Taylor Swift, Change, Released 2008, 2022 NYU Commencement Speaker

If you’re a Swiftie then this may be the quote option for you! This quote is from a Taylor Swift song called “Change” that she wrote in 2008 that is still just as applicable to 2023. Change is a song all about overcoming obstacles while still being hopeful. So, try to think of a time when you had to overcome a challenge that felt too big for you to overcome. How did you manage to overcome this challenge? Was it an easy or difficult path? What did you learn from this experience? Describe in greater detail about how this unfair fight made you feel and what you did to overcome those feelings. Ultimately, you want to show the admissions officer that you are a strong individual who can overcome even unfair obstacles or at least have a positive attitude about it similar to the way Taylor Swift does in her song “Change.” Don’t forget that this response is only 250 words so be as detailed in as few words as possible!  

  • Have you ever had to overcome an obstacle that seemed insurmountable?
  • What have you learned about yourself from unfair situations? 
  • Do you believe that someone can win a fight that isn’t even? 
6. Share a short quote and person not on this list, and why the quote inspires you

If another Taylor Swift song lyrics speaks to you or you read a specific quote every morning, this is the essay option for you! However, it is important to note that NYU went out of their way to provide you with a list of prior commencement speaker’s quotes that demonstrates their values. Therefore, unless you are super excited and passionate about a different quote, you should select one from their list. This will ensure you are providing an answer that NYU wants to hear from its candidates. If you end up selecting this option, just ensure that you are detailing new information about yourself and revealing some below-the-surface attributes you demonstrate. Additionally, make sure you are describing characteristics you will bring to NYU if you are accepted and how you plan to make NYU a better place. 

7. Not answering this optional question.

This is an optional question!! Therefore, you will not be penalized for not responding to this prompt by NYU. However, if NYU is a dream school or high on your college list, you should definitely be responding to this prompt. These 250 words could be the difference between an acceptance letter and a rejection letter. Here are some benefits to responding to this optional prompt: 

  • You can highlight desirable traits and experiences that can make your application well-rounded
  • You can mitigate any weaknesses in your application such as a low GPA or test score
  • You can form a connection with the admissions officer based on your heartfelt response

A helpful tip on choosing your prompt 

When choosing your prompt, you should also be noting what you have already discussed in your application. If you already wrote your Common App essay about one piece of your identity or theme – do not write about this again! Rather, choose something else in order to emphasize who you are and your broad range of interests. 

Next steps after applying to NYU

Congratulations! Your NYU supplemental essay question is completed! Be thankful that NYU was so kind in only making applicants answer one question. Now, what should you do next? Instead of waiting what feels like a lifetime for NYU to reach a decision on your application, be proactive! Show demonstrated interest in NYU to prove that you are committed to attending their university. 

How can you show demonstrated interest ? Well, it is quite simple! Follow any NYU social media accounts, reach out to an admissions officer about any questions you may have and schedule a tour! Doing this will show NYU that you truly want to attend their university because you are making the effort. 

Best of luck and enjoy New York City – it is famous for a reason! (Grab a slice of $1 pizza–you will not regret it!)

Additional resources

As a student working on college applications, you’ve got a lot on your plate. Fortunately, we have resources to help you through every step of the way. Check out our guides on how to write an essay about yourself , how to respond to the Common App prompts , and how to write 250 and 500 word essays. We can also help you decide how many schools to apply to and how to find safety, reach, and match schools .

If you’re wondering whether to send test scores to test-optional schools , we’ve got a guide for that as well. And once you start hearing back, we can help you create a college comparison spreadsheet to make your college choice. Finally, check out our free scholarship search tool to help fund your education and keep all of your college options open. Good luck!

Other colleges to consider

  • Boston University (Boston, MA)
  • Barnard College (New York, NY)
  • Columbia University (New York, NY)
  • University of Chicago (Chicago, IL)

Frequently asked questions about the New York University supplemental essay

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September 13, 2023

2023-2024 NYU Supplemental Essay Prompt

The arch is featured under a blue sky in NYC's Washington Square Park.

New York University has released its supplemental essay prompt for the 2023-2024 admissions cycle. In addition to The Common Application ’s Personal Statement, applicants to NYU are asked to respond to one optional 250-word supplemental essay — and it’s a different one from years past.

For this supplemental essay, NYU applicants can focus their answer on one of four quotes provided, choose their own quote, or not answer the question at all. Of course, students who don’t write optional essays put themselves at a significant disadvantage — irrespective of what NYU’s admissions officers may say to the contrary.

2023-2024 NYU Essay Question

In 250 words or less, applicants to NYU’s Class of 2028 are asked to respond to the following prompt:

We are looking for peacemakers, changemakers, global citizens, boundary breakers, creatives and innovators – Choose one quote from the following and let us know why it inspires you; or share a short quote and person not on our list who inspires you, and include why.

“We’re used to people telling us there are no solutions, and then creating our own. So we did what we do best. We reached out to each other, and to our allies, and we mobilized across communities to make change, to benefit and include everyone in society.” 

– Judith Heumann, 2022 NYU Commencement Address

“I encourage your discomfort, that you must contribute, that you must make your voice heard. That is the essence of good citizenship.” 

– Sherilynn Ifill, 2015 NYU Commencement Addresss

“If you know how to fly but you never knew how to walk, wouldn’t that be sad?” Lang Lang, 2015 NYU Honorary Degree Recipient “You have the right to want things and to want things to change.” 

– Sanna Marin, Former Prime Minister of Finland, 2023 NYU Commencement Address

“It’s hard to fight when the fight ain’t fair.” 

– Taylor Swift, Change, Released 2008, 2022 NYU Commencement Speaker

Share a short quote and person not on this list, and why the quote inspires you.

Not answering this optional question.

When answering this NYU essay prompt, regardless of the quote a student chooses, students must focus on how they think and wish to shape the world in one singular way rather than focus on the quote itself or the person who uttered the line at a commencement address. Ideally, the essay will fit like a puzzle piece with the Personal Statement — in a complementary rather than a redundant way — to showcase the singular hook a student hopes to bring to NYU.

On a personal note, we at Ivy Coach are pleased to see a quote included from the late disability rights activist Judith Heumann , NYU’s 2022 commencement speaker and the subject of a 2022 Academy Award-winning documentary, as she was a dear friend of Ivy Coach’s Founder, Bev Taylor .

Ivy Coach’s Assistance with the NYU Essay

If you’re interested in optimizing your case for admission to NYU by submitting an NYU supplement that wows admissions officers, fill out Ivy Coach ’s free consultation form , and we’ll be in touch to outline our college counseling services for applicants to the Class of 2028.

You are permitted to use www.ivycoach.com (including the content of the Blog) for your personal, non-commercial use only. You must not copy, download, print, or otherwise distribute the content on our site without the prior written consent of Ivy Coach, Inc.

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New York University | NYU’s 2023-24 Essay Prompts

Select-a-prompt short response.

We are looking for peacemakers, changemakers, global citizens, boundary breakers, creatives and innovators - Choose one quote from the following and let us know why it inspires you; or share a short quote and person not on our list who inspires you, and include why.

“We’re used to people telling us there are no solutions, and then creating our own. So we did what we do best. We reached out to each other, and to our allies, and we mobilized across communities to make change, to benefit and include everyone in society.” Judith Heuman, 2022 NYU Commencement Address

“I encourage your discomfort, that you must contribute, that you must make your voice heard. That is the essence of good citizenship." Sherilynn Ifill, 2015 NYU Commencement Address

“If you know how to fly but you never knew how to walk, wouldn’t that be sad?” Lang Lang, 2015 NYU Honorary Degree Recipient

"You have the right to want things and to want things to change." Sanna Marin, Former Prime Minister of Finland, 2023 NYU Commencement Address

"It‘s hard to fight when the fight ain‘t fair.” Taylor Swift, Change, Released 2008, 2022 NYU Commencement Speaker

Share a short quote and person not on this list, and why the quote inspires you.

Common App Personal Essay

The essay demonstrates your ability to write clearly and concisely on a selected topic and helps you distinguish yourself in your own voice. What do you want the readers of your application to know about you apart from courses, grades, and test scores? Choose the option that best helps you answer that question and write an essay of no more than 650 words, using the prompt to inspire and structure your response. Remember: 650 words is your limit, not your goal. Use the full range if you need it, but don‘t feel obligated to do so.

Some students have a background, identity, interest, or talent that is so meaningful they believe their application would be incomplete without it. If this sounds like you, then please share your story.

The lessons we take from obstacles we encounter can be fundamental to later success. Recount a time when you faced a challenge, setback, or failure. How did it affect you, and what did you learn from the experience?

Reflect on a time when you questioned or challenged a belief or idea. What prompted your thinking? What was the outcome?

Reflect on something that someone has done for you that has made you happy or thankful in a surprising way. How has this gratitude affected or motivated you?

Discuss an accomplishment, event, or realization that sparked a period of personal growth and a new understanding of yourself or others.

Describe a topic, idea, or concept you find so engaging that it makes you lose all track of time. Why does it captivate you? What or who do you turn to when you want to learn more?

Share an essay on any topic of your choice. It can be one you‘ve already written, one that responds to a different prompt, or one of your own design.

What will first-time readers think of your college essay?

  • College Application

NYU Supplemental Essay Examples

NYU Supplemental Essay Examples

Perusing NYU supplemental essay examples will greatly help you with your own essay writing. There is nothing quite like being able to see how somebody else has composed their essays to help you with your own.

Expert college essay tips can really help you with how to start a college essay , and you can even study specifically with supplemental college essays , but being able to read samples will be particularly useful to you.

In this article, you will see sample prompts for NYU’s supplemental essay prompts, as well as a small tips section on formatting and requirements.

>> Want us to help you get accepted? Schedule a free strategy call here . <<

Article Contents 10 min read

Essay Prompt #1: Some students have a background, identity, interest, or talent that is so meaningful they believe their application would be incomplete without it. If this sounds like you, then please share your story.

Sometimes I feel like my country doesn’t belong to me, or even my life some times. I live in a suburb of New Jersey, and in my particular area, I’m one of the only Black kids around. All of my friends are white.

None of this is necessarily a problem – I love my friends dearly – but it doesn’t change the fact that I get a daily dose of, “Hey, you’re different!” just from walking out the front door. If that wasn’t enough of a punctuation point on the whole racial imbalance of my particular life, I get to do things like switch on the news, or read any headlines, so it seems, on any given day just to get an underline or two added to the way I am distinct from my peers.

I have sat with my friends at a comedy show and had the comic tell racially charged jokes. I can feel them look to me. “Is that funny?” say their darting, peripheral glances, and I know that I have a choice to make; I can laugh or not. If I laugh, it’s funny. If I don’t, they’ll be offended for me. Even if the joke just wasn’t funny – not offensive, just not worthy of a chuckle – they might get offended for me. I love my friends, and they clearly have my back, but man alive, is this wearying sometimes.

“Go back to where you came from!” the racists shout to me, and I think, “Jersey? Where I came from is a ten-minute bus ride.” Nonetheless, I persistently receive this abuse and wonder if it’s all worth it. Maybe I should explore my roots. My grandparents came over from Senegal. It’s not as if Senegal couldn’t use another bright, idealistic student to try and improve its quality of life. Senegal is still coughing from colonialism, the boot having only been removed from its neck since 1960.

That feels like giving up, though, so I’ll stay – just to show those racists who the real patriot is, I suppose.

As I look toward my future, I think about where I come from – as a person, not "Jersey."

I come from a place that feels like home until the world outside makes me feel like I don’t belong. But my family, my friends, my suburb feels welcoming. I want to take that and expand it. It sounds like a pipe dream. Wouldn’t it be nice if we could put all this garbage of animosity and prejudice behind us? Well, why not?

Figuring out how to write a college essay is a bit of a process in and of itself, but following the examples above and the format below should really help you.

Most NYU supplemental essays are between 500 and 700 words. You don’t want to go too long, or you’ll risk becoming tedious; remember that the admissions committee will be reading more than 200,000+ essays from their recently reported 105,000 applicants. With those numbers, making your essay run for pages and pages just seems cruel.

As for the format itself, we encourage you to stick to a standard essay writing format:

  • an opening paragraph that sets everything up, which should be headed by an attention-grabbing “hook” sentence;
  • the body of the essay, containing two or three main points over a few paragraphs, during which you will explore your main ideas;
  • finally, a concluding paragraph which wraps everything up.

Polish up your opening paragraphs by reading some college essay introduction examples .

You’re applying to an academic institution, so keep the tone on the formal side, avoiding slang and other types of suspect vernacular. The differences between a standard essay and your application essays is that the latter are written in the first person because you are telling your story. You can be freer with opinion – and you don’t need citations, of course!

The biggest requirement, and what you should focus on the most, is showing your best qualities to the admissions committee and making sure that you stand out. Consider these essays a way to “get to know you,” almost like a written interview before the in-person interview you hope to get.

If you follow these tips and construct your essay with patience, thoughtfulness, and skill, we are confident that you will get that interview.

Wondering how to navigate your applications?

Constructing a supplemental essay is a long process and can feel intimidating. We hope that reading these examples will make you feel a lot less intimidated and more confident about going forward with your application. If you need an extra boost, a college essay review service can really help you refine what you have written. Remember to put in the work, go after what you want, and seek help where you need it.

NYU doesn’t post a limit on their website. From year to year, application requirements might vary. Pay attention to any instructions in your application package and make sure you stick to the limits that NYU sets. Never go above the limit, remember to include spaces in character count restrictions, and more than anything, remember that brevity is the soul of wit: a shorter essay – well-written – will be more effective than a rambling one.

Spend some regular, quality time with your essays over the course of 6-8 weeks. That might sound like a lot, but going from brainstorming your way through the blank pages to putting the final polish and spell-checked version into your application should take time. Remember that you’ll almost definitely need to do multiple drafts and re-writes – ideally receiving good, reliable feedback between those drafts.

There are no rules that say you do, which means you don’t have to. Still, remember that these essays will be (mostly) about you, so the first person is understood to be in play and will be the most convenient way to convey your story to the applications committee. Use the storytelling perspective that best suits your essay, of course, but don’t feel the need to try something different just because you can.

It’s your work, so yes.

Make sure that you answer the prompts, though. Whoever wrote them was meticulous about the wording; therefore, you need to answer the exact wording of the prompt. If your recycled essay answers a similar question but one that is nevertheless slightly different, you need to edit your essay to fit the new prompt. That might be a minor tweak or a complete overhaul. Make sure you scrub or exchange any NYU-specific lingo from essays you use for another school.

Not formally, but you are being judged and evaluated based on your essays. That’s not to say that you’re being scored necessarily, just that what you write really matters.

Don’t worry about grades or points; worry about effort and results.

NYU has them, so if you want in to New York University, then yes, you’re looking at some supplemental essay writing.

They can, but they are often very similar from one year to the next. Institutions aren’t radically shifting the kind of students they want from year to year. So, there might be a bit of a change-up, but you will usually find very similar prompts.

No. You should highlight yourself in ways that the admissions committee will appreciate enough to bring you in for an interview. Highlighting a skillset you have, qualities you have, or academics are great, but there is no one element in that list that is required to be included in your essay.

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new york university supplemental essays 2022

Highly-selective colleges and universities often require supplemental application materials. These materials help further personalize the admissions process so that each college’s admissions committee has the information it needs to select a vibrant and diverse incoming class. 

In this article, we will look at 10 supplemental essay prompts from top colleges and universities for the 2022-23 admissions cycle. Once you get a better sense of what to expect from a supplemental essay prompt, we will outline key strategies for answering these prompts, as well as provide practical writing tips to help you get started.

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What are supplemental essays and are they important?

Each college has its own sets of values and criteria that it looks for in applicants. This is why determining college fit is so important. By carefully researching each school on your college list and having several clear and compelling reasons for wanting to attend, you will increase your overall chances of admission.    

One way that colleges gauge whether or not a student would be a good fit for their university is by posing unique supplemental essay prompts. This is why knowing how to write a supplemental essay is so important. Most colleges with supplemental essays will have applicants write the “why this college” essay . 

Many selective colleges will require additional supplemental essays as well. In some cases, you will need to prepare an additional five essays per school, so give yourself plenty of time to complete each essay thoughtfully, write multiple drafts, seek out feedback, and proofread. The college application process can feel overwhelming at times, so make sure you brainstorm ways to stay organized during the college application process . 

Although the style and content of the actual prompts can vary greatly, at the core these prompts have one thing in common: They are designed to get to know who you are as a person, what your values are, and whether you demonstrate compatibility with the university’s overall mission. 

How to write supplemental essays

If you’re looking for supplemental essay tips, you’ve come to the right place! In this section, we will discuss how to write a good supplemental essay, by providing several key application essay tips. 

To start, it’s important to remember that the process of writing supplemental essays is similar to the process of writing a successful personal statement . Review components of a strong personal statement to give yourself a fresh perspective before beginning your supplemental essays.

Tips for writing supplemental essays

Supplemental essays are typically pretty brief. This is why it’s important to learn how to write concisely and powerfully. Having very few words to respond does not mean that you should prepare your responses casually or that your responses shouldn’t include lots of details. Rather, approach each word limit creatively. Whether you have 50 words, 200 words, or 500 words, try to use each sentence and detail to your advantage. One of the best ways to do this is to begin by freewriting. Write down everything that comes to mind. Take time to fully flush out your ideas. Then review what you’ve written and see what feels most important. These are the details you will want to highlight in your response.

Some colleges will require three to five additional essays. Maybe even more! This is why it’s important to be prepared and plan ahead. Supplemental essays are an important part of your college application and they require a lot of time and effort. While some supplemental essay prompts may be similar between schools, in general, you want to avoid recycling your college essays. Admissions officers can tell when a student is tweaking an existing essay to fit a prompt.

While some essay prompts are required, others are optional. In general, try to answer each prompt thoughtfully and creatively. After all, it’s no secret that college admissions are highly competitive so it’s great to give your application “an edge” whenever possible. That said, there are times when you should pass on writing an optional essay. If you’re not sure whether or not you should submit an essay for an optional prompt, begin by drafting a response. Then ask yourself if the essay feels forced or genuine. Does the essay convey something new about you that isn’t included in the rest of your application? If the question doesn’t seem to apply to you and you are genuinely unsure what to contribute, you should probably skip that particular essay. After all, no one wants to read an uninspired essay that doesn’t contribute to your overall application.

2022-23 supplemental essay prompts

As mentioned, supplemental essay prompts can vary significantly. Some prompts ask you to respond in 50 words while other prompts ask you to respond in 500 words. Some prompts focus on academics while others ask you to reflect carefully on your cultural upbringing or life philosophies. Still, other prompts will ask you to introduce who you are as a person or discuss something that you enjoy.

Just as supplemental essay prompts vary in style, your responses will also vary. Some prompts will require you to be thoughtful and serious, while other prompts may encourage you to be humorous or creative. It all depends.

Brown University supplemental essay prompt

As a part of the 2022-23 college applications, Brown University requires three supplemental essays. One of the supplemental essay prompts is as follows:

Brown’s culture fosters a community in which students challenge the ideas of others and have their ideas challenged in return, promoting a deeper and clearer understanding of the complex issues confronting society. This active engagement in dialogue is as present outside the classroom as it is in academic spaces. Tell us about a time you were challenged by a perspective that differed from your own. How did you respond? (200-250 words)

Columbia University supplemental essay prompt

As a part of the 2022-23 college applications, Columbia University requires the following supplemental materials: 1 list of 75 words, 1 list of 125 words, 3 essays of 200 words each, and 1 short answer of 35 words. One of their supplemental essay prompts is as follows:

For the following questions, we ask that you list each individual response using commas or semicolons; the items do not have to be numbered or in any specific order. No explanatory text or formatting is needed. (For example, it is not necessary to italicize or underline titles of books or other publications. No author names, subtitles or explanatory remarks are needed.)  

List the titles of the books, essays, poetry, short stories or plays you read outside of academic courses that you enjoyed most during secondary/high school. (75 words or fewer)

new york university supplemental essays 2022

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Dartmouth college supplemental essay prompt.

As a part of the 2022-23 college applications, Dartmouth College requires three supplemental essays. One of the supplemental essay prompts is as follows:

“Be yourself,” Oscar Wilde advised. “Everyone else is taken.” Introduce yourself in 200-250 words. 

Duke University supplemental essay prompt

As a part of the 2022-23 college applications, Duke University requires at least one supplemental essay, with the option to submit an additional two supplemental essays. One of the optional supplemental essay prompts is as follows:

What has been your best academic experience in the last two years, and what made it so good?

Emory University supplemental essay prompt

As a part of the 2022-23 college applications, Emory University requires two supplemental essays. One of the supplemental essay prompts is as follows:

Emory If you could witness a historic event (past, present or future) first-hand, what would it be, and why?

Harvard University supplemental essay prompt

As a part of the 2022-23 college applications, Harvard University requires three supplemental essays. One of the supplemental essay prompts is as follows:

Please briefly elaborate on one of your extracurricular activities or work experiences. (50-150 words)

MIT supplemental essay prompt

As a part of the 2022-23 college applications, MIT requires five supplemental essays. One of the supplemental essay prompts is as follows:

We know you lead a busy life, full of activities, many of which are required of you. Tell us about something you do simply for the pleasure of it.

Princeton University supplemental essay prompt

As a part of the 2022-23 college applications, Princeton University requires three supplemental essays and three short responses. One of the short-answer prompts is as follows:

Please respond to each question in 75 words or fewer. There are no right or wrong answers. Be yourself!

What is a new skill you would like to learn in college?

What brings you joy? 

What song represents the soundtrack of your life at this moment?

Stanford University supplemental essay prompt

As a part of the 2022-23 college applications, Stanford University requires three supplemental essays and five short answer responses. One of the short-answer prompts is as follows:

How did you spend your last two summers? (50-word limit)

UPenn supplemental essay prompt

As a part of the 2022-23 college applications, UPenn requires three supplemental essays. One of the supplemental essay prompts is as follows: 

Write a short thank-you note to someone you have not yet thanked and would like to acknowledge. (We encourage you to share this note with that person, if possible, and reflect on the experience!) (150-200 words)

Yale University supplemental essay prompt

As a part of the 2022-23 college applications, Yale University requires the following supplemental materials: 1 list; 6 short answer questions; 1 additional short essay of 400 words. One of the short answer prompts is as follows:

Yale’s residential colleges regularly host conversations with guests representing a wide range of experiences and accomplishments. What person, past or present, would you invite to speak? What would you ask them to discuss? (200 characters or fewer)

Supplemental essay examples

One of the best ways to prepare your supplemental essay responses is to look at successful past examples. In this section, we will look at three examples and explain why each response is successful. 

This first example was submitted as a part of Harvard’s college application. This essay is in response to the prompt: Please briefly elaborate on one of your extracurricular activities or work experiences. (50-150 words).

Feet moving, eyes up, every shot back, chants the silent mantra in my head. The ball becomes a beacon of neon green as I dart forward and backward, shuffling from corner to far corner of the court, determined not to let a single point escape me. With bated breath, I swing my racquet upwards and outwards and it catches the ball just in time to propel it, spinning, over the net. My heart soars as my grinning teammates cheer from the sidelines. While I greatly value the endurance, tenacity, and persistence that I have developed while playing tennis throughout the last four years, I will always most cherish the bonds that I have created and maintained each year with my team.

This essay uses rich, descriptive language to evoke a clear sense of movement and place. The first paragraph shows a creative and expert control of language, whereas the second paragraph uses straightforward language to highlight key characteristics. Overall, this response is creative, well-balanced, and uses each word to its advantage. 

Source: https://www.collegeadvisor.com/essay-guides/harvard-university-essay-examples-and-why-they-worked/  

This essay was submitted as a part of an MIT college application. The supplemental essay prompt that it addresses is: Describe the world you come from; for example, your family, clubs, school, community, city, or town. How has that world shaped your dreams and aspirations?

We were moving away from my home of thirteen years to go miles and miles away, from my whole life. Worst of all: away from New York City – the only place in the world worth knowing – or so I thought. The town might as well have been called “Miniscule Ville”. I resented every second of it. The real shocking thing to me was almost that anything existed outside of New York City. NYC is a world of its own, with its own pulses and lifeblood. I still think it’s a great place, and I’ll likely at least visit it someday, but right now, I want to visit everywhere. My move humbled me. I began to love nature walks, the friendly camaraderie of the small town, and saw a world I never imagined. I thought I knew it all just because I lived in New York. Here was a great place, hidden from view. I loved experiencing that new world, learning local history, and most of all, learning the life stories of my new neighbors, each one of whom had a fascinating life. My greatest dream is to be a journalist, covering other countries, and learning about new worlds and neighbors. My old perspective feels so limited. If I can share global stories, I can open up my perspective, and I can share those stories with a thousand homes so readers can learn about other perspectives as well. The world is full of different lives. Everywhere is somebody’s home.

This essay covers a lot of material; most impressively, it shows a shift in perspective and its effect on the student’s lived experience. It also clearly explains the student’s academic and professional goals. The tone of this essay is both confident and humble. It demonstrates who this student is as a person, what their goals are, and what they value.  

Source: https://bemoacademicconsulting.com/blog/mit-supplemental-essay-examples  

This essay was submitted as a part of a Duke college application. The essay addresses the prompt: What has been your best academic experience in the last two years, and what made it so good?

Most teachers who taught me talked a big game about wanting students to engage in debate, or “dialectic” as they called it, and to challenge their ideas. In my experience, most of this was a fabrication. The best essay grades and participation marks were found through parroting what was dictated from on high. Did the teacher think such-and-such is the “correct” interpretation of a novel? You did, too, or you lost points. None of that was true for Ms. Jackie Winters. The first essay I sent her came back with the note, “This doesn’t sound like you; it sounds like me.” I asked her about the note, and this initiated a marvelous learning environment, in which I grew faster than I ever have in any other class. Discussions were lively, and the more I presented my authentic views, the more I was respected. My grades were dependent on being backed up by rhetoric, sources, and logic, not by compliance. Due to this engagement, this was the most enjoyable English literature class I had, and I feel like my viewpoints were challenged. I learned to question my ideas and dig into a text for the best results. Best of all, I was putting in more and more effort to find good, quality sources to back up my arguments. I was held to a high standard and shown respect, and I believe that those qualities made for the best learning environment possible

This essay clearly shows a shift in perspective and the effects it had on this student’s ability to think, speak, and write critically. Structurally, this essay uses an anecdote to introduce and contextualize a topic, but the essay itself isn’t overly narrative. Rather, the student explains, in detail, how this teacher’s encouragement and guidance have influenced their willingness and ability to engage with the source material and academic discourse.

Source: https://bemoacademicconsulting.com/blog/duke-supplemental-essay-examples  

Key takeaways and moving forward

Supplemental essays are an important part of your college applications. In fact, they are a key factor in what college admissions officers look for in an applicant . Highly-selective colleges and universities use supplemental essays to further personalize the college admissions process. After all, thousands of qualified students apply to Ivy League institutions each year and only a small fraction are admitted. Supplemental essays allow you to share more about who you are as a person and as a student. Use each prompt as an opportunity to add something new to your college application. If you feel like you could benefit from professional guidance throughout this process, reach out to learn more about our services .

Frequently asked questions and answers

Still have questions about supplemental essays and the effects they have on college applications? Review the following frequently asked questions and answers for further insight on supplemental essays. 

How important are supplemental essays?

Supplemental essays are an incredibly important part of your college applications and should be properly prioritized. If a college didn’t care about your response, they wouldn’t ask you in the first place. Put plenty of time and care into your responses. Write several drafts, seek out feedback, and always proofread.

How long should supplemental essays be?

Always follow directions. Colleges will specify how long each supplemental essay should be, usually right after the prompt itself. Depending on the college, and the prompt, a supplemental essay’s word count may range anywhere from 50 to 500 words.

Do supplemental essays change every year?

It all depends on the college. Colleges often reuse past prompts, but there are no guarantees. This is why it’s important to plan ahead and make a list of supplemental essay prompts early on in the college application process.

Are supplemental essays required?

Sometimes colleges will have both required and optional supplemental essays. That said, the essay prompts are clearly labeled. In short, each college will specify whether supplemental essays are required. 

Do all colleges have supplemental essays?

No, not all colleges have supplemental essays. Highly-selective colleges, however, often require at least one additional essay.

  • December 14, 2022

Supplemental Essay Guide for 2022-23 Prompts

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Read the Alabama Supreme Court’s Ruling

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The Alabama Supreme Court has ruled that frozen embryos should be considered children.

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Rel: February 16, 2024 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2023-2024 SC-2022-0515 James LePage and Emily LePage, individually and as parents and next friends of two deceased LePage embryos, Embryo A and Embryo B; and William Tripp Fonde and Caroline Fonde, individually and as parents and next friends of two deceased Fonde embryos, Embryo C and Embryo D V. The Center for Reproductive Medicine, P.C., and Mobile Infirmary Association d/b/a Mobile Infirmary Medical Center Appeal from Mobile Circuit Court (CV-21-901607)

SC-2022-0515; SC-2022-0579 SC-2022-0579 Felicia Burdick-Aysenne and Scott Aysenne, in their individual capacities and as parents and next friends of Baby Aysenne, deceased embryo/minor V. The Center for Reproductive Medicine, P.C., and Mobile Infirmary Association d/b/a Mobile Infirmary Medical Center MITCHELL, Justice. ¹ Appeal from Mobile Circuit Court (CV-21-901640) This Court has long held that unborn children are "children" for purposes of Alabama's Wrongful Death of a Minor Act, § 6-5-391, Ala. Code 1975, a statute that allows parents of a deceased child to recover punitive damages for their child's death. The central question presented in these consolidated appeals, which involve the death of embryos kept ¹These consolidated appeals were originally assigned to another Justice on this Court; they were reassigned to Justice Mitchell on December 15, 2023. 2

SC-2022-0515; SC-2022-0579 in a cryogenic nursery, is whether the Act contains an unwritten exception to that rule for extrauterine children -- that is, unborn children who are located outside of a biological uterus at the time they are killed. Under existing black-letter law, the answer to that question is no: the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location. Facts and Procedural History The plaintiffs in these consolidated appeals are the parents of several embryonic children, each of whom was created through in vitro fertilization (IVF") and until the incident giving rise to these cases had been kept alive in a cryogenic nursery while they awaited implantation. James LePage and Emily LePage are the parents of two embryos whom they call "Embryo A" and "Embryo B"; William Tripp Fonde and Caroline Fonde are the parents of two other embryos called "Embryo C" and "Embryo D"; and Felicia Burdick-Aysenne and Scott Aysenne are the parents of one embryo called "Baby Aysenne." Between 2013 and 2016, each set of parents went to a fertility clinic operated by the Center for Reproductive Medicine, P.C. ("the Center"), to undergo IVF treatments. During those treatments, doctors were able to 3

SC-2022-0515; SC-2022-0579 help the plaintiffs conceive children by joining the mother's eggs and the father's sperm "in vitro" -- that is, outside the mother's body. The Center artificially gestated each embryo to "a few days" of age and then placed the embryos in the Center's "cryogenic nursery," which is a facility designed to keep extrauterine embryos alive at a fixed stage of development by preserving them at an extremely low temperature. The parties agree that, if properly safeguarded, an embryo can remain alive in a cryogenic nursery "indefinitely" -- several decades, perhaps longer. The plaintiffs' IVF treatments led to the creation of several embryos, some of which were implanted and resulted in the births of healthy babies. The plaintiffs contracted to have their remaining embryos kept in the Center's cryogenic nursery, which was located within the same building as the local hospital, the Mobile Infirmary Medical Center ("the Hospital"). The Hospital is owned and operated by the Mobile Infirmary Association ("the Association"). The plaintiffs allege that the Center was obligated to keep the cryogenic nursery secured and monitored at all times. But, in December 2020, a patient at the Hospital managed to wander into the Center's fertility clinic through an unsecured doorway. The patient then entered 4

SC-2022-0515; SC-2022-0579 the cryogenic nursery and removed several embryos. The subzero temperatures at which the embryos had been stored freeze-burned the patient's hand, causing the patient to drop the embryos on the floor, killing them. The plaintiffs brought two lawsuits against the Center and the Association. The first suit was brought jointly by the LePages and the Fondes; the second was brought by the Aysennes. Each set of plaintiffs asserted claims under Alabama's Wrongful Death of a Minor Act, § 6-5391. In the alternative, each set of plaintiffs asserted common-law claims of negligence (in the LePages and Fondes' case) or negligence and wantonness (in the Aysennes' case), for which they sought compensatory damages, including damages for mental anguish and emotional distress. The plaintiffs specified, however, that their common-law claims were pleaded "in the alternative, and only [apply] should the Courts of this State or the United States Supreme Court ultimately rule that [an extrauterine embryo] is not a minor child, but is instead property." In addition to those claims, the Aysennes brought breach-of-contract and bailment claims against the Center. The Center and the Association filed joint motions in each case 5

SC-2022-0515; SC-2022-0579 asking the trial court to dismiss the plaintiffs' wrongful-death and negligence/wantonness claims against them in accordance with Rules 12(b)(1) and 12(b)(6), Ala. R. Civ. P. The trial court granted those motions. In each of its judgments, the trial court explained its view that "[t]he cryopreserved, in vitro embryos involved in this case do not fit within the definition of a 'person'" or "child,"" and it therefore held that their loss could not give rise to a wrongful-death claim. The trial court also concluded that the plaintiffs' negligence and wantonness claims could not proceed. Specifically, the court reasoned that, to the extent those claims sought recovery for the value of embryonic children, the claims were barred by Alabama's longstanding prohibition on the recovery of compensatory damages for loss of human life. And to the extent the claims sought emotional-distress damages, the trial court said that they were barred by the traditional limits to Alabama's "zone of danger test," which "limits recovery for emotional injury only to plaintiffs who sustained a physical injury or were placed in immediate risk of physical harm ...." The trial court's judgments disposed entirely of the LePages' and the Fondes' claims, and left the Aysennes with only their breach-of 6

SC-2022-0515; SC-2022-0579 contract and bailment claims. The Aysennes asked the trial court to certify its judgment as final under Rule 54(b), Ala. R. Civ. P., which the trial court did. Both sets of plaintiffs appealed. Standard of Review We review a trial court's judgment granting a motion to dismiss de novo, without any presumption of correctness. Hawkins v. Ivey, 365 So. 3d 1058, 1060 (Ala. 2022). Analysis The parties to these cases have raised many difficult questions, including ones about the ethical status of extrauterine children, the application of the 14th Amendment to the United States Constitution to such children, and the public-policy implications of treating extrauterine children as human beings. But the Court today need not address these questions because, as explained below, the relevant statutory text is clear: the Wrongful Death of a Minor Act applies on its face to all unborn children, without limitation. That language resolves the only issue on appeal with respect to the plaintiffs' wrongful-death claims and renders moot their common-law negligence and wantonness claims. 7

SC-2022-0515; SC-2022-0579 A. Wrongful-Death Claims Before analyzing the parties' disagreement about the scope of the Wrongful Death of a Minor Act, we begin by explaining some background points of agreement. All parties to these cases, like all members of this Court, agree that an unborn child is a genetically unique human being whose life begins at fertilization and ends at death. The parties further agree that an unborn child usually qualifies as a "human life," "human being," or "person," as those words are used in ordinary conversation and in the text of Alabama's wrongful-death statutes. That is true, as everyone acknowledges, throughout all stages of an unborn child's development, regardless of viability. The question on which the parties disagree is whether there exists an unwritten exception to that rule for unborn children who are not physically located "in utero" -- that is, inside a biological uterus -- at the time they are killed. The defendants argue that this Court should recognize such an exception because, they say, an unborn child ceases to qualify as a "child or "person" if that child is not contained within a biological womb. 8

SC-2022-0515; SC-2022-0579 The plaintiffs, for their part, argue that the proposed exception for extrauterine children would introduce discontinuity within Alabama law. They contend, for example, that the defendants' proposed exception would deprive parents of any civil remedy against someone who kills their unborn child in a "partial-birth" posture -- that is, after the child has left the uterus but before the child has been fully delivered from the birth canal -- despite this State's longstanding criminal prohibition on partial-birth abortion, see Ala. Code 1975, § 26-23-3. The plaintiffs also argue that the defendants' proposed exception would raise serious constitutional questions. For instance, one latent implication of the defendants' position though not one that the defendants seem to have anticipated -- is that, under the defendants' test, even a full-term infant or toddler conceived through IVF and gestated to term in an in vitro environment would not qualify as a "child" or "person," because such a child would both be (1) "unborn" (having never been delivered from a biological womb) and (2) not "in utero."2 And if such -- 2Until recently, there had been a longstanding ethical norm against artificially gestating human embryos past 14 days of development. Henry T. Greely, The 14-Day Embryo Rule: A Modest Proposal, 22 Hous. J. Health L. & Pol'y 147 (2022). But that norm is wavering, and there is currently nothing stopping "researchers from allowing ex vivo [that is, 9

SC-2022-0515; SC-2022-0579 children were not legal "children" or "persons," then their lives would be unprotected by Alabama law. The plaintiffs argue that this sort of unequal treatment would offend the Equal Protection Clause of the 14th Amendment to the United States Constitution, which prohibits states from withholding legal protection from people based on immutable features of their birth or ancestry. See Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 600 U.S. 181, 208 (2023) ("'Distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality."" (citations omitted)).³ extrauterine] human embryos to develop for eight or nine weeks postfertilization Or to viability .... Or, for that matter, to 38 weeks postfertilization and full term." Id. at 154-55; see also Kirstin R.W. Matthews & Daniel Morali, National Human Embryo and Embryoid Research Policies: A Survey of 22 Top Research-intensive Countries, 15 Regenerative Med. 1905 (2020) ("While the USA was the first to propose the 14-day limit, the limit was never passed as a federal law."). There are, of course, practical limitations on developing extrauterine embryos to term, but those limitations are shrinking each year due to "technological advances." See Matthews & Morali, 15 Regenerative Med. at 1905. ³In his dissenting opinion, Justice Cook appears to concede that the life of a fully developed child who was conceived and gestated in vitro would not be protected under his and the defendants' reading of the Wrongful Death of a Minor Act. See So. 3d at n.55 (arguing that "the Legislature" would have to intervene to protect the lives of any 10

SC-2022-0515; SC-2022-0579 These are weighty concerns. But these cases do not require the Court to resolve them because, as explained below, neither the text of the Wrongful Death of a Minor Act nor this Court's precedents exclude extrauterine children from the Act's coverage. Unborn children are "children" under the Act, without exception based on developmental stage, physical location, or any other ancillary characteristics. 1. The Text of the Wrongful Death of a Minor Act Applies to All Children, Without Exception First enacted in 1872, the Wrongful Death of a Minor Act allows the parents of a deceased child to bring a claim seeking punitive damages "[w]hen the death of a minor child is caused by the wrongful act, omission, or negligence of any person," provided that they do so within six months of the child's passing. § 6-5-391(a). The Act does not define either "child" or "minor child," but this Court held in Mack v. Carmack, 79 So. 3d 597 (Ala. 2011), that an unborn child qualifies as a "minor child" under the Act, regardless of that child's viability or stage of development. Id. at 611. We reaffirmed that conclusion in Hamilton v. Scott, 97 So. 3d 728 (Ala. 2012), explaining that "Alabama's wrongful-death statute children created with these "future technologies"). Justice Cook does not, however, discuss the constitutional implications of that position. 11

SC-2022-0515; SC-2022-0579 allows an action to be brought for the wrongful death of any unborn child." Id. at 735. None of the parties before us contest the holdings in Mack and Hamilton,4 and for good reason: the ordinary meaning of "child" includes children who have not yet been born. "This Court's most cited dictionary defines 'child' as 'an unborn or recently born person,"" Ex parte Ankrom, 152 So. 3d 397, 431 (Ala. 2013) (Shaw, J., concurring in part and concurring in the result) (citing Merriam-Webster's Collegiate Dictionary So. 3d at 4Justice Cook raises several novel arguments, none of which were briefed or mentioned by the parties, in support of his view that "the public meaning of 'minor child' as used in the Wrongful Death [of a Minor] Act did not include an unborn infant." (Cook, J., dissenting). If Justice Cook were correct on that point, then it would mean that Mack erred by interpreting the Act to protect unborn children. For the reasons given in this section of the opinion, we are not persuaded that the unborn were excluded from the original meaning of the term "child." But even if Justice Cook were correct on that point, the Court would still apply Mack's definition because, as Justice Cook himself acknowledges, no party has challenged the Mack line of cases. See id. at (Cook, J., dissenting) (emphasizing that this Court does not overrule precedent unless asked to do so by the parties and explaining that "the parties [here] have neither asserted that the holdings or reasoning in either Mack or Stinnett [v. Kennedy, 232 So. 3d 202 (Ala. 2016),] are wrong, nor have they asked us to overrule those decisions"). We are perplexed by Justice Cook's insistence that we have not given Mack due deference when the bulk of his dissent is animated by the view that Mack was wrongly decided and that, contrary to its holding, unborn children are not "children" under the Act after all. 12

SC-2022-0515; SC-2022-0579 214 (11th ed. 2003)), and all other mainstream dictionaries are in accord. See, e.g., 3 The Oxford English Dictionary 113 (2d ed. 1989) (defining "child" as an "unborn or newly born human being; foetus, infant"); Webster's Third New International Dictionary 388 (2002) (defining "child" as "an unborn or recently born human being"). There is simply no "patent or latent ambiguity in the word 'child'; it is not a term of art and contains no inherent uncertainty." Ankrom, 152 So. 3d at 431 (Shaw, J., concurring in part and concurring in the result). The parties have given us no reason to doubt that the same was true in 1872, when the Wrongful Death of a Minor Act first became law. See Act No. 62, Ala. Acts 1871-72 (codified at § 2899, Ala. Code 1876). Indeed, the leading dictionary of that time defined the word "child" as "the immediate progeny of parents" and indicated that this term encompassed children in the womb. Noah Webster et al., An American Dictionary of the English Language 198 (1864) ("[t]o be with child [means] to be pregnant").5 And Blackstone's Commentaries, the leading 5As Justice Cook points out, this entry goes on to explain that the term "child" is "applied to infants from their birth; but the time when they cease ordinarily to be so called, is not defined by custom." So. 3d at (Cook, J., dissenting). Justice Cook believes that this language indicates that infants prior to birth were not considered "children." We 13

SC-2022-0515; SC-2022-0579 authority on the common law, expressly grouped the rights of unborn children with the "Rights of Persons," consistently described unborn children as "infant [s]" or "child[ren]," and spoke of such children as sharing in the same right to life that is "inherent by nature in every individual." 1 William Blackstone, Commentaries on the Laws of England 125-26.6 Those expressions are in keeping with the United disagree. The language quoted by Justice Cook contrasts newborns with older children in order to make the point that there is no clear-cut time at which a young person transitions from childhood to adulthood; it does not indicate that infants were considered something other than children prior to their birth, as the definition elsewhere makes clear when it describes a pregnant woman as being "with child." Another definition on that same page further drives home the point that unborn children are "children" when it describes "childbearing" as the act of "bearing children" in the womb. "It is true, as Justice Cook emphasizes, that the common law spared defendants from criminal-homicide liability for killing an unborn child unless the prosecution could prove that the child had been "born alive" before dying from its injuries. But the criminal law has always been "out of step with the treatment of prenatal life in other areas of law," in that it generally prioritizes lenity towards the accused over the otherwise applicable "civil rights'" of unborn children. Dobbs v. Jackson Women's Health Org., 597 U.S. 215, 247 (2022) (citation omitted). Accordingly, the born-alive safe harbor appears to have operated primarily as an evidentiary rule rather than as a substantive limitation on personhood. Joanne Pedone, Filling the Void: Model Legislation for Fetal Homicide Crimes, 43 Colum. J. L. & Soc. Probs. 77, 82 (2009) (explaining that the function of the born-alive rule was "to make sure the government established causation before obtaining a homicide conviction," during an era in which "'the state of medical science'" was primitive and in which 14

SC-2022-0515; SC-2022-0579 States Supreme Court's recent observation that, even as far back as the 18th century, the unborn were widely recognized as living persons with rights and interests. See Dobbs v. Jackson Women's Health Org., 597 U.S. 215, 246-48 (2022). Courts interpreting statutes are required to give words their "'"natural, ordinary, commonly understood meaning,"'" unless there is some textual indication that an unusual or technical meaning applies. Swindle v. Remington, 291 So. 3d 439, 457 (Ala. 2019) (citations omitted). Here, the parties have not pointed us to any such indication, which reflects the overwhelming consensus in this State that an unborn child is just as much a "child" under the law as he or she is a "child" in everyday conversation. Even if the word "child" were ambiguous, however, the Alabama Constitution would require courts to resolve the ambiguity in favor of proving causation for prenatal injuries was difficult (quoting Clarke D. Forsythe, Homicide of the Unborn Child: The Born Alive Rule and Other Legal Anachronisms, 21 Val. U. L. Rev. 563, 586 (1987))). Like the socalled "quickening rule," the born-alive rule ensured that there was "'evidence of life,'" but did not provide a definition of life, and did not mean that unborn children were considered to be something other than living human beings. Dobbs, 597 U.S. at 246 (citation omitted); see also Forsythe, supra, at 586 & n.105. 15

SC-2022-0515; SC-2022-0579 protecting unborn life. Article I, § 36.06(b), of the Constitution of 2022 "acknowledges, declares, and affirms that it is the public policy of this state to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate." That section, which is titled "Sanctity of Unborn Life," operates in this context as a constitutionally imposed canon of construction, directing courts to construe ambiguous statutes in a way that "protect[s] ... the rights of the unborn child" equally with the rights of born children, whenever such construction is "lawful and appropriate." Id.7 When it comes to the Wrongful Death of a Minor Act, that means coming down on the side of 7Justice Cook argues that § 36.06 should not inform our analysis because, he contends, that provision "cannot retroactively change the meaning of words passed in 1872." So. 3d at (Cook, J., dissenting). But as part of our Constitution, § 36.06 represents "the supreme law of the state," meaning that all statutes "must yield" to it, whether or not they were enacted prior to its adoption. Alexander v. State ex rel. Carver, 274 Ala. 441, 446, 150 So. 2d 204, 208 (1963). Further, the definition of "child" that we apply here is in keeping with the definition that was established by this Court's precedents at the time § 36.06 was adopted. See Mack, 79 So. 3d at 611 ("[W]e hold that the Wrongful Death Act permits an action for the death of a previable fetus."); Hamilton, 97 So. 3d at 735 ("As set forth in Mack and as applicable in this case, Alabama's wrongful-death statute allows an action to be brought for the wrongful death of any unborn child."). It is Justice Cook's opinion, not this Court's, that seeks to set aside that meaning in favor of the view that the term "child," as originally understood, did not encompass "an unborn infant." See So. 3d at (Cook, J., dissenting). 16

SC-2022-0515; SC-2022-0579 including, rather than excluding, children who have not yet been born. The upshot here is that the phrase "minor child" means the same thing in the Wrongful Death of a Minor Act as it does in everyday parlance: "an unborn or recently born" individual member of the human species, from fertilization until the age of majority. See MerriamWebster's Collegiate Dictionary 214 (11th ed. 2020) (defining "child"); accord Noah Webster et al., An American Dictionary of the English Language 198 (defining "child"). Nothing about the Act narrows that definition to unborn children who are physically "in utero." Instead, the Act provides a cause of action for the death of any "minor child," without exception or limitation. As this Court observed in Hamilton, "Alabama's wrongful-death statute allows an action to be brought for the wrongful death of any unborn child." 97 So. 3d at 735 (emphasis added). 2. This Court's Precedents Do Not Compel Creation of an Unwritten Exception for Extrauterine Children The defendants do not meaningfully engage with the text or history of the Wrongful Death of a Minor Act. Instead, they ask us to recognize an unwritten exception for extrauterine children in the wrongful-death context because, they say, our own precedents compel that outcome. Specifically, the defendants argue that: (1) this Court's precedents 17

SC-2022-0515; SC-2022-0579 require complete congruity between "the definition of who is a person" under our criminal-homicide laws and "the definition of who is a person" under our civil wrongful-death laws; (2) extrauterine children are not within the class of persons protected by our criminal-homicide laws; and (3) as a result, extrauterine children cannot be protected by the Wrongful Death of a Minor Act. Appellees' brief in appeal no. SC-2022-0579 at 47; Appellees' brief in appeal no. SC-2022-0515 at 49. The most immediate problem with the defendants' argument is that its major premise is unsound:8 nothing in this Court's precedents requires one-to-one congruity between the classes of people protected by Alabama's criminal-homicide laws and our civil wrongful-death laws. The defendants' error stems from their misreading of this Court's opinions in Mack and Stinnett v. Kennedy, 232 So. 3d 202 (Ala. 2016). As mentioned earlier, Mack held, based on "numerous considerations," that previable unborn children qualify as "children" under the Wrongful Death of a Minor Act. 79 So. 3d at 611. One of those considerations involved the fact that Alabama's criminal-homicide laws as amended The plaintiffs argue that both premises are faulty, but since we agree that the first is wrong, we have no need to reach the second. 18

SC-2022-0515; SC-2022-0579 by the Brody Act, Act No. 2006-419, Ala. Acts 2006 -- expressly included (and continues to include) unborn children as "'person[s]," "'regardless of viability.'" 79 So. 3d at 600 (quoting Ala. Code 1975, § 13A-6-1(a)(3)). The Mack Court noted that it would be "'incongruous' if 'a defendant could be responsible criminally for the homicide of a fetal child but would have no similar responsibility civilly."" 79 So. 3d at 611 (citation omitted). Stinnett echoed that reasoning. See 232 So. 3d at 215. The defendants interpret the "incongruity" language in Mack and Stinnett to mean that the definition of "child" in the Wrongful Death of a Minor Act must precisely mirror the definition of "person" in our criminal-homicide laws. But the main opinions in Mack and Stinnett did not say that. Those opinions simply observed that it would be perverse for Alabama law to hold a defendant criminally liable for killing an unborn child while immunizing the defendant from civil liability for the same offense. The reason that such a result would be anomalous is because criminal liability is, by its nature, more severe than civil liability 19

SC-2022-0515; SC-2022-0579 -- so the set of conduct that can support a criminal prosecution is almost always narrower than the conduct that can support a civil suit. ⁹ 9 The defendants flip that reasoning on its head. Instead of concluding that civil-homicide laws should sweep at least as broadly as criminal ones (as Mack and Stinnett reasoned), the defendants insist that the civil law can never sweep more broadly than the criminal law. That type of maneuver is not only illogical, it was rejected in Stinnett itself: "[Mack's] attempt to harmonize who is a 'person' protected from homicide under both the Homicide Act and Wrongful Death Act, however, was never intended to synchronize civil and criminal liability under those acts, or the defenses to such liability. Although we noted that it would be unfair for a tortfeasor to be subject to criminal punishment, but not civil liability, for fetal homicide, it simply does not follow that a person not subject to criminal punishment under the Homicide Act should not face tort liability under the Wrongful Death Act. This argument, followed to its logical conclusion, would prohibit wrongfuldeath actions arising from a tortfeasor's simple negligence, something we have never held to be criminally punishable but which often forms the basis of wrongful-death actions." 232 So. 3d at 215. As this passage from Stinnett makes clear, the definition of "person" in criminal-homicide law provides a floor for the ⁹This reality also helps to illustrate why it is wrong to assume that the prospect of civil liability for the mishandling of embryos necessarily raises the spectre of criminal liability for the same conduct. 20

SC-2022-0515; SC-2022-0579 definition of personhood in wrongful-death actions, not a ceiling. So even if it is true, as the defendants argue, that individuals cannot be convicted of criminal homicide for causing the death of extrauterine embryos (a question we have no occasion to reach), it would not follow that they must also be immune from civil liability for the same conduct. 3. The Defendants' Public-Policy Concerns Cannot Override Statutory Text Finally, the defendants and their amicus devote large portions of their briefs to emphasizing undesirable public-policy outcomes that, they say, will arise if this Court does not create an exception to wrongful-death liability for extrauterine children. In particular, they assert that treating extrauterine children as "children" for purposes of wrongful-death liability will "substantially increase the cost of IVF in Alabama" and could make cryogenic preservation onerous. Medical Association of the State of Alabama amicus brief at 42; see also Appellees' brief in appeal no. SC-2022-0515 at 36 (arguing that "costs and storage issues would be prohibitive"). While we appreciate the defendants' concerns, these types of policyfocused arguments belong before the Legislature, not this Court. Judges are required to conform our rulings "to the expressions of the legislature, 21

SC-2022-0515; SC-2022-0579 to the letter of the statute," and to the Constitution, "without indulging a speculation, either upon the impolicy, or the hardship, of the law." Priestman v. United States, 4 U.S. (4 Dall.) 28, 30 n.1 in the reporter's synopsis (1800) (Chase, J., writing for the federal circuit court). Here, the text of the Wrongful Death of a Minor Act is sweeping and unqualified. It applies to all children, born and unborn, without limitation. It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding "unborn life" from legal protection. Art. I, § 36.06, Ala. Const. 2022.10 10The defendants also suggest that, if extrauterine children are accorded the same protections under the Wrongful Death of a Minor Act as unborn children in utero, then providers could be held liable for routine treatment of ectopic pregnancies -- that is, pregnancies in which an embryo has implanted in an organ other than the uterus, such as the fallopian tubes. The defendants' concerns are misguided. As the parties acknowledge, ectopic pregnancies almost invariably involve a fatal medical condition: if left in place, the ectopic embryo will either die from malnourishment or else grow to the point where it kills the mother -- in turn causing the embryo's own death. The parties agree that there is currently no way to treat an ectopic implantation without simultaneously 22

SC-2022-0515; SC-2022-0579 B. Negligence and Wantonness Claims The second question raised in these consolidated appeals is whether the trial court erred in dismissing the plaintiffs' common-law negligence and wantonness claims. As discussed above, both sets of plaintiffs made clear in their operative complaints that those claims were "alternative" theories pleaded only as a fallback in case this Court held that extrauterine children are not protected by the Wrongful Death of a Minor Act. Since we now hold that the Act does protect extrauterine children, the plaintiffs' alternative negligence and wantonness claims are moot, and we affirm the trial court's dismissal of those claims on that basis. C. Remaining Issues During oral argument in these cases, the defendants suggested that the plaintiffs may be either contractually or equitably barred from pursuing wrongful-death claims. In particular, the defendants pointed out that all the plaintiffs signed contracts with the Center in which their causing the death of the unborn child, no matter how desperately the surgeon and the parents wish to preserve the child's life. In light of that tragic reality, we do not see how any hypothetical plaintiffs who attempt to sue over the consensual removal of an ectopic pregnancy could establish the core elements of a wrongful-death claim, including breach of duty and causation. 23

SC-2022-0515; SC-2022-0579 embryonic children were, in many respects, treated as nonhuman property: the Fondes elected in their contract to automatically "destroy" any embryos that had remained frozen longer than five years; the LePages chose to donate similar embryos to medical researchers whose projects would "result in the destruction of the embryos"; and the Aysennes agreed to allow any "abnormal embryos" created through IVF to be experimented on for "research" purposes and then "discarded." The defendants contended at oral argument that these provisions are fundamentally incompatible with the plaintiffs' wrongful-death claims. If the defendants are correct on that point, then they may be able to invoke waiver, estoppel, or similar affirmative defenses. But those defenses have not been briefed and were not considered by the trial court, so we will not attempt to resolve them here. We are "a court of review, not a court of first instance." Henry v. White, 222 Ala. 228, 228, 131 So. 899, 899 (1931). The trial court remains free to consider these and any other outstanding issues on remand. Conclusion We reverse the trial court's dismissal of the plaintiffs' wrongful death claims in both appeal no. SC-2022-0515 and appeal no. SC-2022 24

SC-2022-0515; SC-2022-0579 0579. Because the plaintiffs' alternative negligence and wantonness claims are now moot, we affirm the trial court's dismissal of those claims on that basis. SC-2022-0515 AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. SC-2022-0579 AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. -- opinion. -- Wise and Bryan, JJ., concur. Parker, C.J., concurs specially, with opinion. Shaw, J., concurs specially, with opinion, which Stewart, J., joins. Mendheim, J., concurs in the result, with opinion. Sellers, J., concurs in the result in part and dissents in part, with Cook, J., dissents, with opinion. 25

SC-2022-0515; SC-2022-0579 PARKER, Chief Justice (concurring specially). A good judge follows the Constitution instead of policy, except when the Constitution itself commands the judge to follow a certain policy. In these cases, that means upholding the sanctity of unborn life, including unborn life that exists outside the womb. Our state Constitution contains the following declaration of public policy: "This state acknowledges, declares, and affirms that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life." Art. I, § 36.06(a), Ala. Const. 2022 (adopted Nov. 6, 2018) (sometimes referred to as "the Sanctity of Unborn Life Amendment"). As noted in the main opinion, these cases involve unborn life a fact that no party in these cases disputes. Therefore, I take this opportunity to examine the meaning of the term "sanctity of unborn life" as used in § 36.06 and to explore the legal effect of the adoption of the Sanctity of Unborn Life Amendment as a constitutional statement of public policy. I. Meaning of "Sanctity" The Alabama Constitution does not expressly define the phrase "sanctity of unborn life." But because the parties have raised § 36.06 in 26

SC-2022-0515; SC-2022-0579 their arguments, these cases call for us to interpret what this phrase means. The goal of constitutional interpretation is to discern the original public meaning, which is "the meaning the people understood a provision to have at the time they enacted it."" Barnett v. Jones, 338 So. 3d 757, 767 (Ala. 2021) (Mitchell, J., joined by Parker, C.J., concurring specially) (citation and emphasis omitted). Constitutional interpretation must start with the text, but it also must include the context of the time in which it was adopted. Id.; see also Hagan v. Commissioner's Court of Limestone Cnty., 160 Ala. 544, 554, 49 So. 417, 420 (1909) (holding that the Alabama Constitution "must be understood and enforced according to the plain, common-sense meaning of its terms"); Antonin Scalia, A Matter of Interpretation 37 (new ed. 2018) ("In textual interpretation, context is everything, and the context of the Constitution tells us not to expect nit-picking detail, and to give words and phrases an expansive rather than narrow interpretation though not an interpretation that the language will not bear."). Helpful sources in interpretation include contemporaneous dictionaries, but the analysis must also "draw from deeper wells" instead of relying "solely on dictionaries." Gulf Shores City Bd. of Educ. v. -- 27

SC-2022-0515; SC-2022-0579 Mackey, [Ms. 1210353, Dec. 22, 2022] (Ala. 2022) (Parker, C.J., concurring in part and concurring in the result). Such "deeper wells" include (1) the history of the period, (2) similar provisions in predecessor constitutions, (3) the records of the constitutional convention, inasmuch as they shed light on what the public thought, (4) the common law, (5) cases, (6) legal treatises, (7) evidence of contemporaneous general public understanding, especially as found in other state constitutions and court decisions interpreting them, (8) contemporaneous lay-audience advocacy for (or against) its adoption, and (9) any other evidence of original public meaning, which could include corpus linguistics. Gulf Shores, (Parker, C.J., concurring in part and concurring in the result in part); Young Ams. for Liberty at Univ. of Alabama at Huntsville v. St. John, [Ms. 1210309, Nov. 18, 2022] So. 3d (Ala. 2022) (Parker, C.J., concurring in part and concurring in the result); Barnett, 338 So. 3d at 766-67 (Mitchell, J., concurring specially). Section 36.06 specifically recognizes the sanctity of unborn life. Nevertheless, the phrase "sanctity of unborn life" involves the same terms and concepts as the broader and more common phrase, "sanctity of 28 So. 3d So. 3d at

SC-2022-0515; SC-2022-0579 life." Thus, the history and meaning of the phrase "sanctity of life" informs our understanding of "sanctity of unborn life" as that phrase is used in § 36.06. At the time § 36.06 was adopted, "sanctity" was defined as: "1. holiness of life and character: GODLINESS; 2 a: the quality or state of being holy or sacred: INVIOLABILITY b pl: sacred objects, obligations, or rights." Merriam-Webster's Collegiate Dictionary 1100 (11th ed. 2003). Recent advocates of the sanctity of life have attempted to articulate the principle on purely secular philosophical grounds. See, e.g., John Keown, The Law and Ethics of Medicine 3 (2012); Neil M. Gorsuch, The Future of Assisted Suicide and Euthanasia 157-58 (2009) (arguing that "human life is fundamentally and inherently valuable" based on the "secular moral theory" that human life is a "basic good" that "ultimately comes not from abstract logical constructs (or religious beliefs)"). Such advocates have preferred to use the term "inviolability" rather than "sanctity" to avoid what one scholar calls "distracting theological connotations." Keown, supra, at 3. But even though "inviolability" is certainly a synonym of "sanctity" in that the meaning of the two words largely overlap, the two words cannot simply be substituted for each 29

SC-2022-0515; SC-2022-0579 other because each word carries its own set of implications. When the People of Alabama adopted § 36.06, they did not use the term "inviolability," with its secular connotations, but rather they chose the term "sanctity," with all of its connotations. This kind of acceptance is not foreign to our Constitution, which in its preamble "invok[es] the favor and guidance of Almighty God," pmbl., Ala. Const. 2022, and which declares that "all men are endowed [with life] by their Creator," Art. I, § 1, Ala. Const. 2022.11 The Alabama Constitution's recognition that human life is an endowment from God emphasizes a foundational principle of English common law, which has been expressly incorporated as part of the law of Alabama. § 1-3-1, Ala. Code 1975 ("The common law of England ... shall ... be the rule of decisions, and shall continue in force ...."). In his Commentaries on the Laws of England, Sir William Blackstone declared that "[llife is the immediate gift of God, a right inherent by nature in every individual."12 1¹Accord the philosophy of the United States of America as expressed in the Declaration of Independence - "endowed by their Creator with certain unalienable Rights, that among these are Life ...." The Declaration of Independence para. 2 (U.S. 1776). 12Blackstone went on to state that life "begins in contemplation of law as soon as an infant is able to stir in the mother's womb." 1 William 30

SC-2022-0515; SC-2022-0579 1 William Blackstone, Commentaries on the Laws of England *125. He later described human life as being "the immediate donation of the great creator." Id. at *129. Only recently has the phrase "sanctity of life" been widely used as shorthand for the general principle that human life can never be intentionally taken without adequate justification. The phrase was first used in the modern bioethical debate by Rev. John Sutherland Bonnell as the title to his 1951 article opposing euthanasia: The Sanctity of Human Life. 8 Theology Today 194-201. Glanville Williams later employed the phrase in his groundbreaking book, The Sanctity of Life and the Criminal Law, in 1957. The common usage of this phrase has continued into the 21st century, referring to the view that all human beings bear God's image from the moment of conception. See, e.g., Blackstone, Commentaries on the Laws of England *125. Similarly, Alabama law has recognized that human life begins at conception. See Ex parte Hicks, 153 So. 3d 53, 72 (Ala. 2014); Ex parte Ankrom, 152 So. 3d 397 (Ala. 2013); Hamilton v. Scott, 97 So. 3d 728 (Ala. 2012); Mack v. Carmack, 79 So. 3d 597 (Ala. 2011); § 26-22-2(8), Ala. Code 1975 (defining an "unborn child" as "[a]n individual organism of the species Homo sapiens from fertilization until live birth"); § 26-23A-3(10), Ala. Code 1975 (defining an "unborn child" as "[t]he offspring of any human person from conception until birth"). 31

SC-2022-0515; SC-2022-0579 Manhattan Declaration: A Call of Christian Conscience (Nov. 20, 2009) (at the time of this decision, this document could be located at: https://www.manhattandeclaration.org) (referring multiple times to the "sanctity of life" in response to abortion). 13 The phrase appeared only twice in our precedents before 2018. In 1982, Justice Faulkner used it to describe the argument that so-called "wrongful birth" actions should not be cognizable at law because the "sanctity of life" precluded them. Boone v. Mullendore, 416 So. 2d 718, 724 (Ala. 1982) (Faulkner, J., concurring specially). More recently, however, it was used in a 2014 special concurrence referring to this Court's decisions in Ex parte Ankrom, 152 So. 3d 397 (Ala. 2013), Hamilton v. Scott, 97 So. 3d 728 (Ala. 2012), and Mack v. Carmack, 79 So. 3d 597 (Ala. 2011). Ex parte Hicks, 153 So. 3d 53, 72 (Ala. 2014) (Parker, J., concurring specially) ("This case presents an opportunity for this Court to continue a line of decisions affirming Alabama's recognition 13It is worth noting that the Manhattan Declaration was signed by "Orthodox, Catholic, and Evangelical Christians" who "joined together across historic lines of ecclesial differences" to speak together on certain issues, one of which was the sanctity of life. Id. Despite major theological disagreements, signers from all three branches of Christianity were able to agree on the sanctity of life. 32

SC-2022-0515; SC-2022-0579 of the sanctity of life from the earliest stages of development. We have done so in three recent cases [Ankrom, Hamilton, and Mack]; we do so again today." (footnote omitted)). But the principle itself -- that human life is fundamentally distinct from other forms of life and cannot be taken intentionally without justification -- has deep roots that reach back to the creation of man "in the image of God." Genesis 1:27 (King James). One 17th-century commentator has explained the significance of man's creation in God's image as follows: "[T]he chief excellence and prerogative of created man is in the image of his Creator. For while God has impressed as it were a vestige of himself upon all the rest of the creatures ….. so that from all the creatures you can gather the presence and efficiency of the Creator, or as the apostle [Paul] says, you can clearly see his eternal power and divinity, yet only man did he bless with his own image, that from it you may recognize not only what the Creator is, but also who he is, or what his qualities are. God did this: (1) so that he might as it were contemplate and delight himself in man, as in a copy of himself, or a most highly polished mirror, for which reason his delights are said to be with the children of men. (2) So that he might, as much as can be done, propagate himself as it were in man. (3) So that he would have on earth one who would know, love, and worship him and all that is his, which could not be obtained in the least apart from the image of God .... (4) So that he might have one with whom he would live most blessed for eternity, with whom he would converse as with a 33

SC-2022-0515; SC-2022-0579 friend.... Therefore, so that God could eternally dwell and abide with man, he willed him to be in some manner similar to him, to bear his image .…... "1 "Therefore, the image of God in man is nothing except a conformity of man whereby he in measure reflects the highest perfection of God." 3 Petrus Van Mastricht, Theoretical-Practical Theology 282-85 (Joel R. Beeke ed., Todd M. Rester trans., Reformation Heritage Books 2021) (1698-99).14 Van Mastricht's assessment of the significance of man's creation in the image of God accords with that of Thomas Aquinas centuries earlier. Following Augustine, Aquinas distinguished human life from other things God made, including nonhuman life, on the ground that man was made in God's image. 14Petrus Van Mastricht (1630-1706) was a Dutch Reformed theologian and professor at the University of Utrecht. He was a favorite of Jonathan Edwards, a leading minister in the First Great Awakening and later President of Princeton University. Edwards opined that, "for divinity in General, doctrine, Practice & Controversie; or as an [sic] universal system of divinity, [Van Mastrict's Theoretical-Practical Theology] is much better than ... any other Book in the world, excepting the Bible." Jonathan Edwards & Stanley T. Williams, Six Letters of Jonathan Edwards to Joseph Bellamy, 1 New Eng. Q. 226, 230 (footnotes omitted) (reprinting Edwards's letter to Bellamy dated January 15, 1747). 34

SC-2022-0515; SC-2022-0579 "As Augustine observes, man surpasses other things, not in the fact that God Himself made man, as though He did not make other things; since it is written, 'The work of Thy hands is the heaven,' and elsewhere, 'His hands laid down the dry land,' but in this, that man is made to God's image." Thomas Aquinas, Summa Theologica First Part, Treatise on Man, Question 91, Art. 4 (Fathers of the English Dominican Province trans., Benziger Bros., Inc. 1947). Further, Aquinas explained that every man has the image of God in that he "possesses a natural aptitude for understanding and loving God," which imitates God chiefly in "that God understands and loves Himself." Id., First Part, Question 93, Art. 4. Thus, man's creation in God's image directs man to his last end, which is to know and love God. Id., Second Part, Question 1, Art. 8. Man's creation in God's image is the basis of the general prohibition on the intentional taking of human life. See Genesis 9:6 (King James) ("Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man."). John Calvin, in expounding that text, explains: "For the greater confirmation of the above doctrine [of capital punishment for murder], God declares, that he is not thus solicitous respecting human life rashly, and for no purpose. Men are indeed unworthy of God's care, if respect be had only to themselves; but since they bear the image of God engraven on them, He deems himself violated in their person. Thus, 35

SC-2022-0515; SC-2022-0579 although they have nothing of their own by which they obtain the favour of God, he looks upon his own gifts in them, and is thereby excited to love and to care for them. This doctrine, however, is to be carefully observed, that no one can be injurious to his brother without wounding God himself. Were this doctrine deeply fixed in our minds, we should be much more reluctant than we are to inflict injuries. Should any one object, that this divine image has been obliterated, the solution is easy; first, there yet exists some remnant of it, so that man is possessed of no small dignity; and secondly, the Celestial Creator himself, however corrupted man may be, still keeps in view the end of his original creation; and according to his example, we ought to consider for what end he created men, and what excellence he has bestowed upon them above the rest of living beings." John Calvin, Commentaries on the First Book of Moses Called Genesis 295-96 (John King trans., Calvin Translation Society 1847) (1554) (emphasis added). Likewise, the Geneva Bible, which was the "most. popular book in colonial homes,"15 includes a footnote to Genesis 9:6 that provides: "Therefore to kill man is to deface God's image, and so injury is not only done to man, but also to God." Genesis 9:6 n.2 (Geneva Bible 1599). Finally, the doctrine of the sanctity of life is rooted in the Sixth Commandment: "You shall not murder." Exodus 20:13 (NKJV 1982). See 15 Kenneth Graham, Confrontation Stories: Raleigh on the Mayflower, 3 Ohio St. J. Crim. L. 209, 213-14 (2005). 36

SC-2022-0515; SC-2022-0579 John Eidsmoe, Those Ten Commandments: Why Won't They Just Go Away? 31 Regent U. L. Rev. 11, 15 (2018) (arguing that the Sixth Commandment is the basis for "Respect for Life" in Western law); see also Van Orden v. Perry, 545 U.S. 677, 686-90 (2005) (discussing the impact of the Ten Commandments on America generally). Aquinas taught that "it is in no way lawful to slay the innocent" because "we ought to love the nature which God has made, and which is destroyed by slaying him." Aquinas, supra, Second Part of the Second Part, Treatise on Prudence and Justice, Question 64, Art. 6. Likewise, Calvin explained the reason for the Sixth Commandment this way: "Man is both the image of God and our flesh. Wherefore, if we would not violate the image of God, we must hold the person of man sacred." 2 John Calvin, Institutes of the Christian Religion 256 (Henry Beveridge trans., Hendrickson Publishers 2008) (1559). These and many similar writings, creeds, catechisms, and teachings have informed the American public's view of life as sacred. In summary, the theologically based view of the sanctity of life adopted by the People of Alabama encompasses the following: (1) God made every person in His image; (2) each person therefore has a value that far exceeds the ability of human beings to calculate; and (3) human 37

SC-2022-0515; SC-2022-0579 life cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself. Section 36.06 recognizes that this is true of unborn human life no less than it is of all other human life that even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory. II. Effect of Constitutional Policy Having discussed the meaning of the phrase "sanctity of unborn life," I will briefly explore the legal effect of its inclusion in the Alabama Constitution as a statement of public policy. Again, I will start with the text. Section 36.06 provides, in relevant part: "(a) This state acknowledges, declares, and affirms that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life. "(b) This state further acknowledges, declares, and affirms that it is the public policy of this state to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate." In 2018, the term "public policy" was a legal term that meant: "The collective rules, principles, or approaches to problems that affect the commonwealth or (esp.) promote the general good; specif., principles and 38

SC-2022-0515; SC-2022-0579 standards regarded by the legislature or by the courts as being of fundamental concern to the state and the whole society." Black's Law Dictionary 1426 (10th ed. 2014); see also Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 73 (Thomson/West 2012) (noting that ordinary legal meaning governs instead of common meaning when the law is the subject). Notice that the dictionary does not just say that "public policy" is something like "whatever is in the best interests of Alabama," which really is for the Legislature and not this Court to decide. Instead, it refers to the collective rules, principles, or approaches to problems or principles and standards. Because this term refers to fixed standards and not subjective opinions of whatever serves the public good, this Court can look to this § 36.06 in appropriate cases to aid it in its decisions. When considering a question concerning "public policy," an Alabama judge is supposed to look to "the Constitution, the statutes, or definite principles of customary law which have been recognized and developed by the course of judicial decisions," such as the common law, but not "some considerations of policy which might properly have weight with the Legislature if it had occasion to deal with the question." Couch 39

SC-2022-0515; SC-2022-0579 v. Hutchison, 2 Ala. App. 444, 447, 57 So. 75, 76 (1911). Thus, Alabama precedents confirm that the Judiciary can look to the Constitution, statutes, and principles of customary law to determine what the public policy of this state is. It must not, however, usurp the role of the Legislature by attempting to guess what policy decision the Legislature might have made if it had considered other factors. That decision must be left for the Legislature itself. Now that we know what "public policy" means, we must consider what effect it has on statutory interpretation. In one of its oldest decisions considering that question, this Court held: "It is not denied that where public policy or substantial justice obviously requires it, Courts should strongly incline to such liberal construction of the statute as will effect the object." Jones v. Watkins, 1 Stew. 81, 85 (Ala. 1827). However, in more modern times, this Court has repeatedly emphasized adherence to the plain language of the statute, and I agree with this approach. See generally Jay Mitchell, Textualism in Alabama, 74 Ala. L. Rev. 1089, 1100-10 (2023). Consequently, I believe that, ordinarily, this Court may consider public policy in statutory interpretation only if (1) there is substantial doubt about the meaning of the statute and (2) the precepts 40

SC-2022-0515; SC-2022-0579 of public policy and jurisprudence to which we look are settled. Ex parte Z.W.E., 335 So. 3d 650, 660 (Ala. 2021) (Parker, C.J., concurring in the result) (citing Old Republic Ins. Co. v. Lanier, 644 So. 2d 1258, 1260-62 (Ala. 1994); Allgood v. State, 20 Ala. App. 665, 667, 104 So. 847, 848 (1925); 82 C.J.S. Statutes § 472 (2009); 73 Am. Jur. 2d Statutes § 91 (2012)). Thus, I agree with the main opinion that, if the Wrongful Death of a Minor Act, § 6-5-391, Ala. Code 1975, were ambiguous, then the Sanctity of Unborn Life Amendment would resolve the matter in favor of the plaintiffs. But a special problem arises when the People of Alabama enshrine a specific statement of public policy in their Constitution. Instead of gleaning bits and pieces of the state's public policy from the Constitution, statutes, common law, and precedents, the People of Alabama explicitly told the Legislature, the Executive, and the Judiciary what they are supposed to do. Ordinarily, we resort to public-policy considerations in statutory interpretation as a last resort, so that the Judiciary does not usurp the role of the Legislature. But in this case, the People explicitly told all three branches of government what they ought to do. See The Federalist No. 78, at 525 (Alexander Hamilton) (Jacob E. Cooke ed., 1961) 41

SC-2022-0515; SC-2022-0579 (noting that "the power of the people is superior to both" the judicial and legislative powers). Consequently, as Alexander Hamilton wrote in The Federalist No. 78, "where the will of the legislature declared in its statutes, stands in opposition to that of the people declared in the constitution, the judges ought to be governed by the latter, rather than the former." Id. Thus, as a constitutional statement of public policy, § 36.06 circumscribes the Legislature's discretion to determine public policy with regard to unborn life. Accordingly, any legislative (or executive) act that contravenes the sanctity of unborn life is potentially subject to a constitutional challenge under the Alabama Constitution. Putting this all together, § 36.06 does much more than simply declare a moral value that the People of Alabama like. Instead, this constitutional provision tilts the scales of the law in favor of protecting unborn life. Although § 36.06 may not resolve every case involving unborn life, if reasonable minds could differ on whether a common-law rule, a statute, or even a constitutional provision protects life, § 36.06 instructs the Alabama government to construe the law in favor of protecting the unborn. Furthermore, to exclude the unborn from § 36.06's 42

SC-2022-0515; SC-2022-0579 protection, the Legislature would have to do so very clearly and for a reason that is consistent with upholding the sanctity of life. Justice Cook argues in his dissent that applying § 36.06 and the Wrongful Death of a Minor Act to frozen embryos will have disastrous consequences for the in vitro fertilization ("IVF") industry in Alabama. Although it is for the Legislature to decide how to address this issue, I note briefly that many other Westernized countries have adopted IVF practices or regulations that allow IVF to continue while drastically reducing the chances of embryos being killed, whether in the creation. process, the implantation process, the freezing process, or by willful killing when they become inconvenient. For decades, IVF has been largely unregulated in the United States, with some commentators even comparing it to the Wild West. See, e.g., Alexander N. Hecht, The Wild Wild West: Inadequate Regulation of Assisted Reproductive Technology, 1 Hous. J. Health L. & Pol'y 227, 228 (2001) ("Unfortunately, this industry remains largely unregulated. The near-absence of federal and state law combined with ineffective and unheeded industry guidelines leads to a lawless free-for-all." (footnotes omitted)); see also Myrisha S. Lewis, The American Democratic Deficit in Assisted Reproductive 43

SC-2022-0515; SC-2022-0579 Technology Innovation, 45 Am. J. L. & Med. 130, 144 & n.77 (2019) (noting that IVF in the United States is still unregulated and that commentators are still comparing it to the Wild West). In Alabama, the only statutes that mention IVF address the issue of determining parentage of children conceived through IVF, but they do not govern the practice of IVF itself. See The Alabama Uniform Parentage Act, § 26-17101 et seq., Ala. Code 1975. And the only administrative regulation of IVF in Alabama governs IVF clinics' use of radioactive materials, but not any other IVF practice. Ala. Admin. Code (State Bd. Of Health, Dep't of Pub. Health), r. 420-3-26-.02. If the Legislature agrees that it is time to regulate the IVF industry, then the good news is it need not reinvent the wheel. Other Westernized countries have given Alabama some examples to consider. For instance, in Australia and New Zealand, prevailing ethical standards dictate that physicians usually make only one embryo at a time. ¹6 On the related issue of embryo transfers, which is the process of 16Code of Practice for Assisted Reproductive Technology Units § 3.3, p. 24, Fertility Society of Australia and New Zealand, Reproductive Technology Accreditation Committee (2021) (at the time of this decision, this at: document could be located 44

SC-2022-0515; SC-2022-0579 implanting the embryos into the uterus, ¹7 in Australia and New Zealand over 90% of embryo transfers occur only one at a time. 18 Likewise, European Union ("EU") countries set a legal limit on the number of embryos transferred in a single cycle. 19 In EU countries, 58% of embryo https://www.fertility society.com.au/wp-content/uploads/20211124RTAC-ANZ-COP.pdf.). 17 According to the contract that the LePages signed, the number of embryos transferred to the mother could range from 1-5. LePage Contract at 9. It appears that the objective of transferring multiple embryos is to increase the chances of pregnancy. Id. at 8. At least two issues arise from this practice. First, it results in the mother becoming pregnant with multiple babies 30% of the time, which can cause health problems for the mother and babies. See id. at 17. Second, less than half of embryo transfers result in live births, which raises the question whether transferring multiple embryos at once risks the deaths of these little people. See Jennifer Choe & Anthony L. Shanks, In Vitro Fertilization, NIH National Library of Medicine (last updated Sep. 4, 2023), (at the time of this decision, this document could be located at: https://www.ncbi.nlm.nih.gov/books/NBK562266. 18See Choe & Shanks, supra, at n.17; Christine Wyns, Number of Frozen Treatment Cycles Continues to Rise Throughout the World, European Society of Human Reproduction and Embryology (June 30, 2021) (at the time of this decision, this document could be located at: https://www.focusonreproduction.eu/article/ESHRE-News-ESHRE-2021 -freeze-all) (reporting that "Australia/New Zealand leads the way" in the "number of single embryo transfers" in "more than 90% of cycles"). 19Regulation and Legislation in Assisted Reproduction, European Society of Human Reproduction and Embryology (Jan. 2017) (at the time of this decision, this document could be located at: https://tinyurl.com/299cvcbf). Specifically, Austria, Belgium, and Malta 45

SC-2022-0515; SC-2022-0579 transfers involve just one embryo, and 38% involve two; thus, 96% of embryo transfers in EU countries involve two or fewer transfers at one time.20 Such limitations on embryo creation and transfer necessarily reduce or eliminate the need for storing embryos for extended lengths of time. Italy went one step further, banning cryopreservation of embryos except when a bona fide health risk or force majeure prevented the embryos from being transferred immediately after their creation.²¹ All of these measures protect the lives of the unborn and still allow couples to become parents. Therefore, although certain changes to the IVF industry's current creation and handling of embryos in Alabama will have allowed only one transfer at a time; the United Kingdom, France, and Sweden have allowed no more than two; and Germany has allowed only three, although a maximum of two is recommended. Id.; Embryo Protection Act, Chapter 524, § 6, of the Laws of Malta; Susan Mayor, UK Authority Sets Limits on Number of Embryos Transferred, 328 BMJ 65, 65 (2004). Some of these laws may have changed over time, but they illustrate that other Westernized countries have, at some point, adopted these positions. 20More Women Are Using Single Embryos During Fertility Treatment, European Society of Human Reproduction and Embryology (June 27, 2023) (at the time of this decision, this document could be located https://www.eshre.eu/ESHRE2023/Media/2023-Pressreleases/EIM). at: 2¹See Legge 19 Feb. 2004, no. 40 (art. 14, para. 3), in G.U. Feb. 24, 2004, no. 45 (It.). 46

SC-2022-0515; SC-2022-0579 result from this decision, to the extent that Justice Cook is predicting that IVF will now end in Alabama, that prediction does not seem to be well-founded. These regulations adopted by other countries seem much more likely to comport with upholding the sanctity of life than the prevailing practice of creating and transferring at once many embryos that have little chance of survival and then throwing embryos away after a while. The American states, unfortunately, have not followed the example of other Westernized countries that have regulations that achieve both the protection of life and the promotion of parenthood. Ultimately, however, it is for the Legislature to decide how the IVF industry can help parents have children. The Legislature is free to do so in any way it decides, provided that it comports with the Alabama Constitution, including the Sanctity of Unborn Life Amendment. 22 III. Conclusion In application to these cases, the contentions of the defendants and their amicus are not sustainable in light of the Sanctity of Unborn Life 22The Legislature should also take note of § 36.06 if it considers other ethical issues related to reproduction if they arise. 47

SC-2022-0515; SC-2022-0579 Amendment. The People of Alabama have declared the public policy of this State to be that unborn human life is sacred. We believe that each human being, from the moment of conception, is made in the image of God, created by Him to reflect His likeness. It is as if the People of Alabama took what was spoken of the prophet Jeremiah and applied it to every unborn person in this state: "Before I formed you in the womb I knew you, Before you were born I sanctified you." Jeremiah 1:5 (NKJV 1982). All three branches of government are subject to a constitutional mandate to treat each unborn human life with reverence. Carving out an exception for the people in this case, small as they were, would be unacceptable to the People of this State, who have required us to treat every human being in accordance with the fear of a holy God who made them in His image. For these reasons, and for the reasons stated in the main opinion, I concur. 48

SC-2022-0515; SC-2022-0579 SHAW, Justice (concurring specially). I concur fully in the main opinion. I write specially to note the following. I agree with the main opinion that the meaning of the word "child" for purposes of Alabama law is well settled and includes an unborn child. Thus, for purposes of the Wrongful Death of a Minor Act, § 6-5-391, Ala. Code 1975 ("the Wrongful Death Act"), the term "minor child" includes an unborn child with no distinction between in vitro or in utero. In prior cases determining whether an unborn child is a "minor child" for purposes of the Wrongful Death Act, this Court has referenced the definition of a "person" found in § 13A-6-1(3), Ala. Code 1975, which in turn applies to certain portions of the criminal code. The main opinion thoroughly explains why this criminal-law definition does not limit the determination whether an in vitro embryo is a "minor child" for purposes of a civil-law action under the Wrongful Death Act. I do not believe that any purported prior common-law rule requires a different result. "The common law of England, so far as it is not inconsistent with the Constitution, laws and institutions of this state, shall, together with such institutions and laws, be the rule of decisions, and shall continue in force, except as 49

SC-2022-0515; SC-2022-0579 from time to time it may be altered or repealed by the Legislature." § 1-3-1, Ala. Code 1975 (emphasis added). The language of this Code section is plain: the common law does not apply when it is inconsistent with the Constitution, laws, and institutions of this state. The legislature may always alter the common law, but this Code section does not provide that the common law, if inconsistent with the above, remains in place unless altered by the legislature. As one Justice has explained: "This statute does not provide that 'the common law of England shall be the rule of decisions in Alabama unless changed by the legislature.' On the contrary, it provides that the common law of England shall be the rule of decisions in this State, so far as the common law is not inconsistent with the constitution, the laws, and the institutions of Alabama." Swartz v. United States Steel Corp., 293 Ala. 439, 446-47, 304 So. 2d 881, 887 (1974) (Faulkner, J., concurring specially). In the context of civil law, the legislature, the constitution, and this Court's decisions have collectively repealed the common law's prohibition on wrongful-death actions, § 6-5-391; protected the rights of the unborn, Ala. Const. 2022, Art. I, § 36.06(b) ("[I]t is the public policy of this state to ensure the protection of the rights of the unborn child .."); and eliminated the common law's prohibition on seeking a civil remedy for 50 ....

SC-2022-0515; SC-2022-0579 injuries done to the unborn, Huskey v. Smith, 289 Ala. 52, 265 So. 2d 596 (1972), and Hamilton v. Scott, 97 So. 3d 728 (Ala. 2012). If, after this, the common law does not allow wrongful-death actions for some unborn children when they are injured -- here, based on their physical location -- that rule must be consistent with the Constitution, laws, and institutions of this state. Whether such rule is in fact consistent, we can respectfully disagree. But if it is inconsistent, then it need not be first altered or repealed by the legislature. It can scarcely be argued that science is not outdistancing the law in various areas, especially in the context of human reproduction. Creating and sustaining life outside a woman's womb is nothing less than the stuff of miracles. The overriding public policy of this state recognizes and supports the sanctity of unborn life and the rights of unborn children, including the right to life, and requires the protection of the rights of the unborn child "in all manners and measures lawful and appropriate." § 36.06(b). The people of Alabama, apparently recognizing that advancements in reproductive science necessarily come with concomitant responsibilities, have bound all three branches of our state government 51

SC-2022-0515; SC-2022-0579 to this policy, and, in my view, the enactments of the Alabama Legislature are consistent with it. Stewart, J., concurs. 52

SC-2022-0515; SC-2022-0579 MENDHEIM, Justice (concurring in the result). Over the course of time, previous cases from this Court have applied the protection afforded to a "minor child" in subsection (a) of § 6-5-391, Ala. Code 1975, the Wrongful Death of a Minor Act, to human lives at earlier and earlier stages of development. In Stanford v. St. Louis-San Francisco Railway Co., 214 Ala. 611, 108 So. 566 (1926), this Court, construing a predecessor to § 6-5-391(a),23 held that a "parental injury before the birth is no basis for action in damages by the child or its personal representative." Birmingham Baptist Hosp. v. Branton, 218 Ala. 464, 467, 118 So. 741, 743 (1928) (citing Stanford). However, in Huskey v. Smith, 289 Ala. 52, 265 So. 2d 596 (1972), "[t]he Court concluded that the term 'minor child' in the predecessor to § 6-5-391(a) [Title 7, § 119, Ala. Code 1940 (Recomp. 1958),] included an unborn child who was viable at the time of a prenatal injury, who thereafter was born alive, but who later died. 289 Ala. at 55, 265 So. 2d at 596." Mack v. Carmack, 79 So. 3d 597, 601 (Ala. 2011). The Court pushed the boundary back again in Wolfe v. Isbell, 291 Ala. 327, 280 So. 2d 758 (1973), in which the Court "concluded that [a] father could maintain an action for the 2³Section 5695, Ala. Code 1923. 53

SC-2022-0515; SC-2022-0579 wrongful death of his unborn child even though the injuries that allegedly caused the death occurred before the fetus became viable." Mack, 79 So. 3d at 604. A year later, in Eich v. Town of Gulf Shores, 293 Ala. 95, 100, 300 So. 2d 354, 358 (1974), the Court held that "the parents of an eight and one-half month old stillborn fetus [were] entitled to maintain an action for the wrongful death of the child." The Court stepped back from those broader applications of protection in Gentry v. Gilmore, 613 So. 2d 1241 (Ala. 1993), and Lollar v. Tankersley, 613 So. 2d 1249 (Ala. 1993), concluding that "the Wrongful Death [of a Minor] Act did not permit recovery for the death of a fetus that occurs before the fetus attains viability." Mack, 79 So. 3d at 606. But, several years later in Mack, the Court returned to its understanding of the Wrongful Death of a Minor Act espoused in Wolfe, holding that "the Wrongful Death [of a Minor] Act permits an action for the death of a previable fetus." Mack, 79 So. 3d at 611. In Hamilton v. Scott, 97 So. 3d 728, 735 (Ala. 2012), the Court reaffirmed its conclusion from Mack, stating that "Alabama's wrongfuldeath statute allows an action to be brought for the wrongful death of any unborn child, even when the child dies before reaching viability." 54

SC-2022-0515; SC-2022-0579 The foregoing history of previous decisions concerning the Wrongful Death of a Minor Act, and the fact that the pertinent language in the Act has not been amended since its enactment in 1872, shows that this Court, rather than the Legislature, has taken the lead in shaping when the protection afforded by the Act may be invoked. See Eich, 293 Ala. at 100, 300 So. 2d at 358 (describing that decision as one in which the Court was "again extending out judicial prerogative as was done in Huskey and Wolfe ."). Because of that, and because the terms "child" and "minor child" in § 6-5-391(a) are not further defined in the Wrongful Death of a Minor Act, I agree with the main opinion that the Act can be construed to include frozen embryos produced through in vitro fertilization ("IVF"). For those reasons, I concur in the result reached today that reverses the trial court's dismissal of the plaintiffs' wrongful-death claims. However, I have misgivings about the reasoning and some of the comments contained in the main opinion. The main opinion begins its analysis by observing that "[t]he parties to these cases have raised many difficult questions," but it insists throughout that applying the protection of § 6-5-391(a) to frozen embryos is not one of those difficulties because "existing black-letter law" dictates our answer to the central question. _ 55

SC-2022-0515; SC-2022-0579 So. 3d at. Indeed, the main opinion states that the text of § 6-5-391(a) is "clear" and that there is no ambiguity as to whether its protection applies to frozen embryos. So. 3d at "Too often, a court's conclusion that statutory language is 'plain' is a substitute for careful analysis. At best, such unexplained conclusions are based on a judge's gestalt sense of the best meaning of the words in question. At worst, the bare insistence that statutory language is 'plain' is cover (perhaps subconscious) for judicial policymaking." Carranza v. United States, 267 P.3d 912, 916 (Utah 2011) (opinion of Lee, J., joined by one other Justice). In my judgment, the main opinion's view that the legal conclusion is "clear" and "black-letter law" is problematic because when the Wrongful Death of a Minor Act was first enacted in 1872, and for 100 years thereafter, IVF was not even a scientific possibility. Likewise, although it may be true that "the phrase 'minor child'... in everyday parlance" has long included an "unborn child," the main opinion fails to acknowledge that, at the time the Wrongful Death of a Minor Act was 56

SC-2022-0515; SC-2022-0579 enacted and long thereafter the term "unborn child" was only -- understood to refer to a child within its mother's womb.24 So. 3d at The main opinion's contention that "[t]he central question presented in these consolidated appeals ... is whether the [Wrongful Death of a Minor] Act contains an unwritten exception to th[e] rule" that the Act "allows parents of a deceased child to recover punitive damages for their child's death" is similarly simplistic. So. 3d at defendants have never argued for an "exception" to the Wrongful Death The 24See, e.g., Wolfe, 291 Ala. at 331, 280 So. 2d at 761 (observing that "the fetus or embryo is not a part of the mother, but rather has a separate existence within the body of the mother" (emphasis added)); Clarke v. State, 117 Ala. 1, 8, 23 So. 671, 674 (1898) ("'When a child, having been born alive, afterwards died by reason of any potion or bruises it received in the womb, it seems always to have been the better opinion that it was murder in such as administered or gave them.'" (quoting 3 Russell on Crimes 6 (6th ed.))). Cf. Ex parte Ankrom, 152 So. 3d 397, 416 (Ala. 2013) (observing, in the course of construing the term "child" in the chemicalendangerment statute, that "[c]learly, for an unborn child, the mother's womb is an essential part of its physical circumstances"). Indeed, even with regard to IVF, a mother's womb is obviously an indispensable part of pregnancy. See Maher v. Vaughn, Silverberg & Assocs., LLP, 95 F. Supp. 3d 999, 1002 n.1 (W.D. Tex. 2015) (describing IVF as "a multi-step medical procedure," and listing the final steps of that process to be "the grown embryos are transferred into the patient's uterus" and then "the patient takes supplemental hormones for the ensuing nine to eleven days, and if an embryo implants in the lining of the patient's uterus and grows, a pregnancy can result"). 57

SC-2022-0515; SC-2022-0579 of a Minor Act. The main opinion reaches that conclusion by implication -- simply assuming that the term "minor child" includes frozen embryos -- a wholesale adoption of the plaintiffs' argument. See Appellants' brief in appeal no. SC-2022-0515, p. 19 (contending that the "[d]efendants' arguments ... create an exception to existing Alabama law so that not all embryonic lives are treated equally under the law"). The main opinion then goes on in Part A.2. of its analysis to provide reasons why this Court's many pronouncements about "congruence" between Alabama's wrongful-death statutes and its criminal-homicide statutes 25 do not dictate importing the definition of the term "person" in § 13A-6-1(a)(3), Ala. Code 1975, into § 6-5-391(a). The reasoning in that portion of the main opinion also strikes me as strained given the history behind our wrongful-death statutes. As this Court has observed numerous times, there was no right of action for wrongful death at common law. See, e.g., Ex parte Bio-Med. Applications of Alabama, Inc., 216 So. 3d 420, 422 (Ala. 2016) ("'"A wrongful death action is purely statutory; no such action existed at 25See, e.g., Mack, 79 So. 3d at 611 (observing that "this Court repeatedly has emphasized the need for congruence between the criminal law and our civil wrongful-death statutes"). 58

SC-2022-0515; SC-2022-0579 common law."'" (quoting Ex parte Hubbard Props., Inc., 205 So. 3d 1211, 1213 (Ala. 2016), quoting in turn Waters v. Hipp, 600 So. 2d 981, 982 (Ala. 1992))); Giles v. Parker, 230 Ala. 119, 121, 159 So. 826, 827 (1935) ("There is no civil liability, under the common law, as interpreted in this jurisdiction, against one who wrongfully or negligently causes the death of a human being; and hence no right of action exists under the common law therefor. The right of action is purely statutory."); Kennedy v. Davis, 171 Ala. 609, 611-12, 55 So. 104, 104 (1911) ("It has been decided and many times reaffirmed by this court that actions under [the wrongfuldeath statutes] are purely statutory. There was no such action or right of action at common law."). This was also true for the wrongful death of a minor child. See White v. Ward, 157 Ala. 345, 349, 47 So. 166, 167 (1908) ("There was no right of action at the common law for the death of the child. ... The right to recover damages for its death is therefore purely statutory."). The reasons for the common-law prohibition appear to have been based on two legal concepts. "The effect to be given the death of a person connected with a tort rests almost entirely upon statutory foundations. The common-law limitations that eventually led to legislative reform were twofold. First was the rule that personal tort 59

SC-2022-0515; SC-2022-0579 actions die with the person of either the plaintiff or the defendant. This limitation is expressed by the maxim, actio personalis moritur cum persona, which has roots deep in the early history of English law. The second limitation was that the death of a human being was not regarded as giving rise to any cause of action at common law on behalf of a living person who was injured by reason of the death. This latter is of more recent origin as a distinct proposition, although it doubtless rests in part on the same considerations that underlie the other and older maxim of actio personalis moritur cum persona." Wex S. Malone, The Genesis of Wrongful Death, 17 Stan. L. Rev. 1043, 1044 (1965) (footnotes omitted). 26 Our wrongful-death statutes sought to remedy that erroneous legal thinking. See, e.g., Suell v. Derricott, 161 Ala. 259, 262, 49 So. 895, 897 (1909) ("Statutes like ours were clearly intended to correct what was deemed a defect of the common law, that the right of action based on a tort or injury to the person died with the person."); King v. Henkie, 80 Ala. 505, 509 (1886) ("The purpose of this, and like legislation, was clearly to correct a defect of the common law, by 26See also Malone, 17 Stan. L. Rev. at 1055 (explaining that "[t]he probable origin of the rule denying a cause of action for wrongful death was the doctrine, since discarded, that when a cause of action disclosed the commission of a felony the civil action was merged into the criminal wrong"). Restatement (Second) of Torts § 925, cmt. a. (Am. Law Inst. 1979), also provides a nice summary of the genesis of wrongful-death statutes. 60

SC-2022-0515; SC-2022-0579 a rule of which it was well settled, that a right of action based on a tort or injury to the person, died with the person injured. Under the maxim, 'Actio personalis moritur cum persona,' the personal representative of a deceased person could maintain no action for loss or damage resulting from his death."). The close connection between Alabama's wrongful-death statutes and its criminal-homicide statutes was reflected in the first wrongfuldeath statute, Act No. 62, Ala. Acts 1871-72, p. 83, which was titled "AN ACT To prevent homicides," and their shared purpose has been repeatedly noted in our cases. See, e.g., Stinnett v. Kennedy, 232 So. 3d 202, 215 (Ala. 2016) (noting "the shared purpose of the Wrongful Death Act and the Homicide Act to prevent homicide"); Ex parte Bio-Med. Applications, 216 So. 3d at 424 ("[The wrongful-death] statute authorizes suit to be brought by the personal representative for a definite legislative purpose -- to prevent homicide."" (quoting Hatas v. Partin, 278 Ala. 65, 68, 175 So. 2d 759, 761 (1965))); Eich, 293 Ala. at 100, 300 So. 2d at 358 ("[T]he pervading public purpose of our wrongful death statute .... is to prevent homicide through punishment of the culpable party and the determination of damages by reference to the quality of the tortious act. 61

SC-2022-0515; SC-2022-0579 ..."); Huskey, 289 Ala. at 55, 265 So. 2d at 597 ("One of the purposes of our wrongful death statute is to prevent homicides.") Thus, it seems logical to me for there to be a correlation between the persons protected under Alabama's wrongful-death statutes and the persons protected under Alabama's criminal-homicide statutes. The main opinion is correct that the protection afforded in a civil law certainly can be broader than its corollary in criminal law, but nothing requires the civil law to be read more broadly, particularly given the absence of legislative action on this subject.27 27The main opinion asserts that Art. I, § 36.06(b) of the Alabama Constitution of 2022, in stating that "it is the public policy of this state to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate," "operates in this context as a constitutionally imposed canon of construction, directing courts to construe ambiguous statutes in a way that 'protect[s] ... the rights of the unborn child' equally with the rights of born children, whenever such a construction is 'lawful and appropriate."" So. 3d at The main opinion offers no authority for taking § 36.06 as a canon of legal construction, and I am not sure what an "appropriate" construction of the law means. More generally, it is unclear to me why a constitutional amendment that was adopted in 2018 is somehow so central to deciding the specific meaning of a statute that has substantively remained unchanged since 1872. In any event, "[t]o declare what the law is, or has been, is a judicial power; to declare what the law shall be, is legislative."" Lindsay v. United States Sav. & Loan Ass'n, 120 Ala. 156, 168, 24 So. 171, 174 (1898) (quoting Thomas Cooley, Constitutional Limitations 114). 62

SC-2022-0515; SC-2022-0579 Moreover, I find it interesting that the Human Life Protection Act, § 26-23H-1 et seq., Ala. Code 1975, which was enacted in 2019 -- well after the Brody Act, which amended § 13A-6-1 of our criminal-homicide statutes, (and also after the Sanctity of Unborn Life Amendment, i.e., Art. I, § 36.06, Ala. Const. 2022) -- defines an "unborn child" exactly the same way the Brody Act defines a "person": "A human being, specifically including an unborn child in utero at any stage of development, regardless of viability." § 26-23H-3(7), Ala. Code 1975. In its amicus curiae brief, the Alabama Medical Association states: "[D]uring the debate on the Alabama Senate floor regarding the Human Life Protection Act, Senator Clyde Chambliss, the Bill's sponsor in the Alabama Senate, confirmed that the 'in utero' language in the Act was intentional, since it was not the intent of the Legislature through this Act to impact or prevent the destruction of fertilized in vitro eggs because in those circumstances, the woman is not pregnant. Likewise, Eric Johnston, president of the Alabama Pro-Life Coalition and one of the individuals who helped draft the Human Life Protection bill, stated in an interview with the Washington Post that the Bill would 'absolutely not' impact in vitro fertilization. Mr. Johnston gave this statement in response to the ACLU's misguided suggestion that the Act might affect in vitro fertilization." Alabama Medical Association's brief, pp. 30-31 (footnotes omitted). I fully realize that such legislative history is not persuasive for purposes of 63

SC-2022-0515; SC-2022-0579 statutory interpretation, but that history should give us pause regarding any kind of expansive interpretation of the Brody Act. I also take issue with a hypothetical employed by the main opinion to support the decision. Despite asserting at the outset of its analysis that "the Court today need not address" questions such as "the application of the 14th Amendment to the United States Constitution to [IVF] children," So. 3d at, the main opinion nonetheless proceeds to share -- and implicitly agree with -- a hypothetical posited by the plaintiffs that purports to implicate the Equal Protection Clause of the 14th Amendment. 28 The main opinion asserts that "one latent implication" of the defendants' interpretation of § 6-5-391(a) is that "even a full-term infant or toddler conceived through IVF and gestated to term in an in vitro environment would not qualify as a 'child' or 'person,' because such a child would both be (1) 'unborn' (having never been delivered from a biological womb) and (2) not 'in utero.' And if such children were not legal 28It is, perhaps, telling that the plaintiffs and the main opinion chose to insert a hypothetical federal equal-protection issue given that there is no express equal-protection clause in the Alabama Constitution, a fact this Court has noted on several occasions. See, e.g., Mobile Infirmary Ass'n v. Tyler, 981 So. 2d 1077, 1104 (Ala. 2007) (observing that "this Court has acknowledged that the Alabama Constitution contains no equal-protection clause ....'" (quoting Mobile Infirmary Med. Ctr. v. Hodgen, 884 So. 2d 801, 813 (Ala. 2003), and citing Ex parte Melof, 735 So. 2d 1172 (Ala. 1999))). 64

SC-2022-0515; SC-2022-0579 'children' or 'persons,' then their lives would be unprotected by Alabama law." So. 3d at (footnote omitted). First, in mentioning the foregoing hypothetical, the main opinion ignores the fact that it is not now or for the foreseeable future scientifically possible to develop a child in an artificial womb so that such a scenario could somehow unfold. 29 Second, the main opinion's choice to 29Perhaps in anticipation of that objection, the main opinion inserts a footnote that selectively quotes from a couple of journal articles to make it seem as if the time when artificial wombs for the earliest stages of human life are a reality is just around the corner. See So. 3d at n.2. That is simply untrue. See, e.g., Jen Christensen, FDA Advisers Discuss Future of 'Artificial Womb' for Human Infants, CNN, Sept. 19, 2023 (at the time of this decision, this article could be located at: https://www.cnn.com/2023/09/19/health/artificial-womb-human-trialfda/index.html) (reporting that "[a] handful of scientists have been experimenting with animals and artificial wombs," but that "no such device has been tested in humans," and that, in any event, "[a]n artificial womb is not designed to replace a pregnant person; it could not be used from conception until birth. Rather, it could be used to help a small number of infants born before 28 weeks of pregnancy, which is considered extreme prematurity."); Stephen Wilkinson et al., Artificial Wombs Could Someday be a Reality, The Conversation, Dec. 1, 2023 (at the time of this decision, this article could be located at: https://theconversation.com/artificial-wombs-could-someday-be-areality-heres-how-they-may-change-our-notions-of-parenthood-217490) (observing that even an artificial womb for premature babies "may be many decades away" but that "artificial womb technologies could eventually lead to 'full ectogenesis' -- growing a foetus from conception to 'birth' wholly outside the human body" (emphasis added)). 65

SC-2022-0515; SC-2022-0579 include that emotionally charged hypothetical undermines its earlier observation that "[a]ll parties to these cases, like all members of this Court, agree that an unborn child is a genetically unique human being whose life began at fertilization and ends at death."30 So. 3d at . No —. 30I note that although I certainly agree with the above-quoted statement from the main opinion, even that observation is not as simple as it appears because of the terms involved. "Notwithstanding various legislative pronouncements, from a medical and scientific perspective, fertilization is currently considered to be a chaotic and multi-step process, whereas 'conception' has variously been described as the time frame between fertilization and implantation in a woman's uterus, or the process of implantation. Precisely how long an in vitro growing cell mass is considered an embryo versus a preembryo, or whether the latter term is a legitimate distinction has long been the subject of debate among scientists as well as legal and ethical scholars." Susan L. Crockin & Gary A. Debele, Ethical Issues in Assisted Reproduction: A Primer for Family Law Attorneys, 27 J. Am. Acad. Matrim. Law. 289, 299 (2015). See also McQueen v. Gadberry, 507 S.W.3d 127, 134 n.4 (Mo. Ct. App. 2016) (observing that "'"Pre-embryo" is a medically accurate term for a zygote or fertilized egg that has not been implanted in a uterus. It refers to the approximately 14-day period of development from fertilization to the time when the embryo implants in the uterine wall and the "primitive streak," the precursor to the nervous system, appears. An embryo proper develops only after implantation. The term "frozen embryos" is a term of art denoting cryogenically preserved pre-embryos."" (quoting Elizabeth A. Trainor, Annotation, Right of Husband, Wife, or Other Party to Custody of Frozen 66

SC-2022-0515; SC-2022-0579 one not Mobile Infirmary Association, the Center for Reproductive - Medicine, the amicus Alabama Medical Association, my dissenting colleagues, or anyone who disagrees with today's Court's decision - is suggesting that such a child, if he or she could be produced, should not be protected by Alabama law. Ultimately, as I stated at the outset, we must be guided by the language provided in the Wrongful Death of a Minor Act and the manner in which our cases have interpreted it. Under those guideposts, today's result is correct. However, the decision undoubtedly will come as a shock in some quarters of the State. I urge the Legislature to provide more leadership in this area of the law given the numerous policy issues and serious ethical concerns at stake,31 and the fact that there is little -- Embryo, Pre-embryo, or Pre-zygote in Event of Divorce, Death, or Other Circumstances, 87 A.L.R. 5th 253, 260 (2001))). 31See, e.g., Yehezkel Margalit, From (Moral) Status (of the Frozen Embryo) to (Relational) Contract and Back Again to (Relational Moral) Status, 20 Ind. Health L. Rev. 257, 257 (2023) ("The existing hundreds of thousands of unused frozen embryos, coupled with the skyrocketing rate of divorce, raise numerous moral, legal, social, and religious dilemmas. Among the most daunting problems are the moral and legal status of the frozen embryo; what should its fate be in the event of conflicts between the progenitors?; and whether contractual regulation of frozen embryos is valid and enforceable."); Caroline A. Harman, Defining the Third Way -- the Special-Respect Legal Status of Frozen Embryos, 26 Geo. Mason L. 67

SC-2022-0515; SC-2022-0579 Rev. 515, 516 (2018) (observing that, "[u]nfortunately, American courts have not kept pace with the advancements happening in the field of ART [assisted reproductive technology]" and that, "[m]ost often, frozen embryo cases come to the courts during divorce suits between progenitors. Due to the personal nature of ART, however, progenitors are less likely to seek legal recourse when frozen embryos are negligently destroyed and the harm caused by the clinic is shielded from the public eye. While suits regarding negligent destruction of frozen embryos and suits when progenitors stop paying storage fees are less common, they are not without their legal and societal implications. When couples do turn to the judicial system, the courts are often ill-equipped to answer such legal questions in a manner that also considers the unique nature of ART and the accompanying emotions of the progenitors." (footnotes omitted)); Shirley Darby Howell, The Frozen Embryo: Scholarly Theories, Case Law, and Proposed State Regulation, 14 DePaul J. Health Care L. 407, 407 (2013) (explaining that "[u]sing IVF to assist individuals and couples having trouble procreating would be seemingly positive, but the procedure has resulted in serious unintended consequences that continue to trouble theologians, physicians, and the courts. The ongoing legal debate focuses on two principal questions: (1) whether a frozen embryo should be regarded as a person, property, or something else and, (2) how to best resolve disputes between gamete donors concerning disposition of surplus frozen embryos."); Maggie Davis, Indefinite Freeze?: The Obligations A Cryopreservation Bank Has to Abandoned Frozen Embryos in the Wake of the Maryland Stem Cell Research Act of 2006, 15 J. Health Care L. & Pol'y 379, 396-97 (2012) (asserting that "[c]ryopreservation is a scarce good, and is incredibly costly. For instance, one California cryopreservation bank charged clients $375 a year, prepaid, to store embryos. After many years, this can become incredibly burdensome on the progenitors. When the fees become too burdensome, there is a higher chance for couples to stop paying their fees, and eventually fall out of contact with the clinic. As embryos are abandoned, and storage fees are not paid, cryopreservation banks will likely need to raise the costs of the fees to other customers in order to compensate." (footnotes omitted)); Beth E. Roxland & Arthur Caplan, Should Unclaimed Frozen Embryos Be Considered Abandoned Property and Donated to Stem Cell Research?, 21 B.U. J. Sci. & Tech. L. 108, 109 (2015) 68

SC-2022-0515; SC-2022-0579 regulation of the entire IVF industry. 32 Ultimately, it is the Legislature that possesses the constitutional authority and responsibility to be the final arbiter concerning whether a frozen embryo is protected by the laws of this State. Without such guidance, I fear that there could be unfortunate consequences stemming from today's decision that no one intends. ("'As science races ahead, it leaves in its trail mind-numbing ethical and legal questions.'" (quoting Kass v. Kass, 91 N.Y. 2d 554, 562, 696 N.E.2d 174, 178, 673 N.Y.S. 2d 350, 354 (1998) (citing John A. Robertson, Children of Choice: Freedom and The New Reproductive Technologies (1994))). 32See, e.g., Valerie A. Mock, Getting the Cold Shoulder: Determining the Legal Status of Abandoned IVF Embryos and the Subsequent Unfair Obligations of IVF Clinics in North Carolina, 52 Wake Forest L. Rev. 241, 257 (2017) (observing that "IVF centers are largely a self-regulated industry, meaning that for better or for worse, they receive little governmental oversight. There are no federal regulations for the disposition of abandoned embryos, and very few states have addressed it legislatively." (footnotes omitted)); Roxland & Caplan, 21 B.U. J. Sci. & Tech. L. at 115 (noting that "[n]o federal statutory law or regulation generally governs the classification of frozen embryos. In fact, only three states have enacted legislation concerning the disposition of frozen embryos more generally: Louisiana, Florida, and New Hampshire." (footnotes omitted)). 69

SC-2022-0515; SC-2022-0579 SELLERS, Justice (concurring in the result in part and dissenting in part). These cases are not about when life begins, nuances of statutory construction, or the definition of "minor child" or "person." And, contrary to the main opinion, there is no black-letter law in Alabama, or any other state, to help us.33 Regrettably, these cases use the specter of destroying human life to craft a narrative involving the protection of unborn children to cynically inflame worries about the sanctity of life under Alabama law. In reality, these cases concern nothing more than an attempt to design a method of obtaining punitive damages under Alabama's Wrongful Death of a Minor Act, § 6-5-391, Ala. Code 1975, by concluding that frozen embryos, negligently destroyed, are entitled to the same protections as a fetus inside a mother's womb. Parsing the Brody Act, Act No. 2006-419, Ala. Acts 2006, codified as § 13A-6-1, Ala. Code 1975 (which is a part of Alabama's criminal-homicide statutes), and employing any sequence of linguistic gymnastics, cannot yield the conclusion that embryos developed through in vitro fertilization were intended by the legislature to be included in the definition of "person," see § 13A-6 33Otherwise, the duration of oral argument would not have approached two hours. 70

SC-2022-0515; SC-2022-0579 1(a)(3), much less the definition of "minor child," see § 6-5-391(a). It is clear from the four corners of the Brody Act that the legislative intent was to protect unborn life, regardless of viability, from violence perpetrated against the mother. Previously, to impose criminal sanctions. for the murder of an unborn child was impossible. See Act No. 77-607, § 2001(2), Ala. Acts 1977 (amended in 2006 by the Brody Act) (" 'Person,' when referring to the victim of a criminal homicide, means a human being who had been born and was alive at the time of the homicidal act." (emphasis added)). The Brody Act eliminated not only this born-alive requirement but also any viability threshold to create the bright-line rule that, if a woman is pregnant, an embryo in utero receives all the protections that a viable life would be afforded under the laws of Alabama. See § 13A-6-1(a)(3). Thus, and in light of Justice Houston's special writings in Gentry v. Gilmore, 613 So. 2d 1241, 1245 (Ala. 1993) (Houston, J., concurring in the result), and Lollar v. Tankersley, 613 So. 2d 1249, 1253 (Ala. 1993) (Houston, J., concurring in the result), which "emphasized the need for congruence between the criminal law and our civil wrongful-death statutes," Mack v. Carmack, 79 So. 3d 597, 611 (Ala. 71

SC-2022-0515; SC-2022-0579 2011), this Court held "that the Wrongful Death [of a Minor] Act permits an action for the death of a previable fetus." Id. But interpreting the Brody Act as we are asked to do here is a judgment call. In short, we must determine whether to constrain ourselves to the clear intent of the Act or whether to inform our interpretation using extraneous means to reach a result clearly contrary to anything the Act ever intended. The majority's conclusion that an action may be maintained under the Wrongful Death of a Minor Act for the negligent destruction of an in vitro embryo -- an atextual conclusion purportedly reached by utilizing the Brody Act's definition of "person" to inform the Wrongful Death of a Minor Act's definition of "minor child" -- is clearly contrary to the intent of the legislature. To equate an embryo stored in a specialized freezer with a fetus inside of a mother is engaging in an exercise of result-oriented, intellectual sophistry, which I am unwilling to entertain. Furthermore, I am puzzled by the majority and concurring opinions' references to Article I, § 36.06, of the Alabama Constitution of 2022. We have repeatedly stated that "[a] court has a duty to avoid constitutional questions unless essential to the proper disposition of the case."" Lowe v. 72

SC-2022-0515; SC-2022-0579 Fulford, 442 So. 2d 29, 33 (Ala. 1983) (quoting trial court's order citing other cases). The majority believes the word "child" is unambiguous, yet it opines in dicta, without any citation to authority, that if the word "child" were ambiguous, § 36.06 acts "as a constitutionally imposed canon of construction, directing courts to construe ambiguous statutes in a way that 'protect[s] ... the rights of the unborn child' equally with the rights of born children." So. 3d at. Respectfully, § 36.06 neither operates in such a fashion nor commands this Court to override legislative acts it believes "contraven[e] the sanctity of unborn life." So. 3d at (Parker, C.J., concurring specially). Section 36.06 states, in relevant part, "that it is the public policy of this state to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate." § 36.06(b). Because all policy determinations are vested in our legislature, this includes those determinations regarding the sanctity of unborn life. Therefore, § 36.06 merely reaffirms that "the judicial branch may not exercise the legislative or executive power." Art. III, § 42(c), Ala. Const. 2022. Accordingly, this Court has no authority to determine whether legislation concerning or relating to unborn life defies § 36.06; 73

SC-2022-0515; SC-2022-0579 that authority lies only with the People of this State, acting through their elected representatives. Any public-policy ramifications of any decision in these cases are outside the purview of this Court, and they are more appropriately reserved for the legislature. Should the legislature wish to include in vitro embryos in the definition of "minor child," it may easily do so. Absent any specific legislative directive, however, we should not read more into a legislative act than the legislature did so itself. Thus, as to the majority opinion's conclusion regarding the Wrongful Death of a Minor Act, I respectfully dissent. Insofar as the majority opinion affirms the trial court's dismissal of the plaintiffs' negligence and wantonness claims, I concur in the result. I must necessarily disagree with the majority opinion's mootness rationale on account of my dissent as to the majority opinion's analysis and conclusion regarding the Wrongful Death of a Minor Act. 74

SC-2022-0515; SC-2022-0579 COOK, Justice (dissenting). I respectfully dissent. The first question that this Court is being asked to decide in these appeals is whether Alabama's Wrongful Death of a Minor Act ("the Wrongful Death Act"), see § 6-5-391, Ala. Code 1975, as passed by our Legislature, provides a civil cause of action for money damages for the loss of frozen embryos. This is a question of the meaning of the words in that Act, as it was originally passed and understood in 1872. My sympathy with the plaintiffs and my deeply held personal views on the sanctity of life cannot change the meaning of words enacted by our elected Legislature in 1872. Even when the facts of a case concern profoundly difficult moral questions, our Court must stay within the bounds of our judicial role. Limiting our role to interpreting the existing words in a statute and letting the Legislature decide changes is one of the basic teachings of the United States Supreme Court's recent decision in Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022). In that case, the United States Supreme Court overruled Roe v. Wade, 410 U.S. 113 (1973), and returned the hotly disputed issue of abortion to the citizens 75

SC-2022-0515; SC-2022-0579 in each state, so that their elected representatives could pass laws addressing that issue. In concluding that the authority to regulate abortion "must be returned to the people and their elected representatives," the Supreme Court in Dobbs explained that "respect for a legislature's judgment applies even when the laws at issue concern matters of great social significance and moral substance." 597 U.S. at 292 and 302. The Supreme Court further explained that it "'has neither the authority nor the expertise to adjudicate those disputes'" and that "'courts do not substitute their social and economic beliefs for the judgment of legislative bodies."" Id. at 289 (quoting Ferguson v. Skrupa, 372 U.S. 726, 729-30 (1963)). Over the years, our Court has repeatedly said the same thing. Specifically, our Court has made clear that we are "not at liberty to rewrite statutes or to substitute [our] judgment for that of the Legislature." Ex parte Carlton, 867 So. 2d 332, 338 (Ala. 2003). Further, our Court has repeatedly made clear that "public-policy arguments should be directed to the legislature, not to this Court." Ex parte Ankrom, 152 So. 3d 397, 420 (Ala. 2013) (emphasis added). Statutes Do Not Evolve. The Legislature Amends Them. 76

SC-2022-0515; SC-2022-0579 On rare occasions, our Court's decisions have included language that departed from the rule that the Legislature and not this Court -- updates statutes. For example, in Eich v. Town of Gulf Shores, 293 Ala. 95, 99, 300 So. 2d 354, 357 (1974), this Court wrote that "it is often. necessary to breathe life into existing laws less they become stale and shelfworn" "in order that existing law may become useful law to promote the ends of justice." This is both dicta and fundamentally wrong. It is not our role to expand the reach of a statute and "breathe life" into it by updating or amending it. It is also not our role to consider whether a law has become "stale" or "shelfworn."34 This is the same error made by those commentators who advocate for a living constitution and argue that the words in our Constitution should evolve over time.35 -- 34See Craft v. McCoy, 312 So. 3d 32, 37 (Ala. 2020) (recognizing that "*"*"when determining legislative intent from the language used in a statute, a court may explain the language, but it may not detract from or add to the statute"""") (citations omitted)); and Ex parte Coleman, 145 So. 3d 751, 758 (Ala. 2013) (recognizing that " '[t]he judiciary will not add that which the Legislature chose to omit'" (quoting Ex parte Jackson, 614 So. 2d 405, 407 (Ala. 1993))). 35See generally Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 403-10 (Thomson/West 2012); Joe Carter, Justice Scalia Explains Why the "Living Constitution" is a Threat to America, Action Inst. (May 14, 2018) (at the time of this decision, this 77

SC-2022-0515; SC-2022-0579 Instead, it is the role of the Legislature to determine whether a law is outdated (for instance, because of new technology) and, thus, requires updating. If our Court does "breathe life" into a law by expanding its reach, we short-circuit the legislative process and violate the Alabama Constitution's separation-of-powers clause. That clause provides that, "[t]o the end that the government of the State of Alabama may be a government of laws and not of individuals, ... the judicial branch may not exercise the legislative or executive power." Ala. Const. 2022, Art. III, § 42(c). Substituting our own meaning "turn[s] this Court into a legislative body, and doing that, of course, would be utterly inconsistent with the doctrine of separation of powers." DeKalb Cnty. LP Gas Co. v. Suburban Gas, Inc., 729 So. 2d 270, 276 (Ala. 1998). Separation of powers is part of our Constitution for a reason -- there are real advantages to the Legislature -- and not this Court -- making such decisions. See Jay Mitchell, Textualism in Alabama, 74 Ala. L. Rev. 1089, 1097 (2023) (explaining that "[t]here is a reason that the people elected legislators to formulate public policy, and there is every reason to article could be located at: https://rlo.acton.org/archives/101616-justice scalia-explains-why-the-living-constitution-is-a-threat-to-america.html). 78

SC-2022-0515; SC-2022-0579 think they are better at it and better situated to be accountable for their choices than judges are" (emphasis in original)). In fact, the drafters of the Alabama Constitution felt the separation-of-powers principle was so important that they made it an express clause in our Constitution, whereas the drafters of the Constitution of the United States did not.36 The facts of these cases certainly illustrate why the Legislature is best suited to weigh competing interests and write comprehensive legislation, after full input from the public and thorough study. Why I Dissent I dissent because the main opinion violates this fundamental principle that is, that the legislative branch and not the judicial branch updates laws by expanding the meaning of the Wrongful Death Act beyond what it meant in 1872 without an amendment by the Legislature. I also dissent because I believe the main opinion overrules our recent Wrongful Death Act caselaw that requires "congruence" between the definition of "person" in Alabama's criminal-homicide statutes and the -- 36Birmingham-Jefferson Civic Ctr. Auth. v. City of Birmingham, 912 So. 2d 204, 212 (Ala. 2005) (explaining that "[t]he Constitution of Alabama expressly adopts the doctrine of separation of powers that is only implicit in the Constitution of the United States"). 79

SC-2022-0515; SC-2022-0579 definition of "minor child" in the Wrongful Death Act. Both the original public meaning and this recent caselaw indicate the same result here -- that the Wrongful Death Act does not address frozen embryos. Moreover, there are other significant reasons to be concerned about the main opinion's holding. No court -- anywhere in the country -- has reached the conclusion the main opinion reaches. And, the main opinion's holding almost certainly ends the creation of frozen embryos through in vitro fertilization ("IVF") in Alabama. The plaintiffs themselves explained in oral argument: "But today we're here advocating on behalf of plaintiffs who are supporters of in vitro fertilization. It worked for them. They have two beautiful children in each family because of in vitro fertilization. The notion that they would do anything to hinder or impair the right or access to IVF therapy is flat wrong. That's not why we're here." Supreme Court of Alabama, Supreme Court O/A Mobile Alabama, YouTube 19:14 (Sep. 21, 2023) (at the time of this decision, this oralargument session could be located at: https://www.youtube.com/watch?v =L08KGhNSDME) (emphasis added). It is not my role to judge whether ending this medical procedure is good or bad -- but it doubtless will have a huge impact on many Alabamians. And it underscores the need to have 80

SC-2022-0515; SC-2022-0579 the Legislature not this Court address these issues through the legislative process. In addition to the reasons stated above, I also dissent because the main opinion does not reach the second question presented in these appeals that is, whether the trial court prematurely dismissed the plaintiffs' negligence and wantonness claims at the pleading stage. Those claims present an alternative pathway to protect frozen embryos, a pathway without many of the problems presented by the Wrongful Death Act claims. There is no dispute in these cases about when life begins. All parties agree on that issue. I specifically asked the defendants at oral argument: "[s]o, is it your position that ... these were lives?" And they responded: "It is, Justice Cook. I think that the ... embryo is a life, but the issue today is whether an embryo is a child protected under the [Wrongful Death Act]." Supreme Court of Alabama, Supreme Court O/A Mobile Alabama, YouTube 1:17:49 (Sep. 21, 2023). The defendants nevertheless present a "catch-22" argument in support of the dismissal of those claims. On the one hand, they allege that the plaintiffs' wrongful-death claims were properly dismissed 81

SC-2022-0515; SC-2022-0579 because their frozen embryos are not "minor children" under the Wrongful Death Act. On the other hand, they allege that the trial court properly dismissed the plaintiffs' negligence and wantonness claims because their frozen embryos each represent "a life." I am deeply troubled by this argument and the consequences that could result from adopting this position. However, as explained below, there is no need for this Court to reach this "catch-22" argument at this time because it is simply too soon to dismiss those claims under Alabama's liberal pleading rules. It is for this reason that I would reverse the trial court's dismissal of the plaintiffs' negligence and wantonness claims. I. The Plaintiffs' Wrongful-Death Claims A. The Wrongful Death Act -- A Purely Statutory Claim This Court has previously observed that wrongful-death actions "are purely statutory," meaning "[t]here was no such action or right of action at common law." Kennedy v. Davis, 171 Ala. 609, 611-12, 55 So. 104, 104 (1911) (emphasis added). The Alabama Legislature, therefore, has the responsibility of declaring who is covered by this private right of action. 82

SC-2022-0515; SC-2022-0579 The Legislature originally passed the Wrongful Death Act in 1872, and the Act was later codified in the Code of Alabama in 1876. See Ala. Code 1876, § 2899. The Act states, in relevant part, that "[w]hen_the death of a minor child is caused by the wrongful act, omission, or negligence of any person, ... the father, or the mother, ... of the minor may commence an action." § 6-5-391(a) (emphasis added). Unfortunately, the Wrongful Death Act does not define the term "minor child." Although the Act was last amended in 1995, see Ala. Acts 1995, Act No. 95-774, § 1, the phrase "[w]hen the death of a minor child is caused by the wrongful act ... of any person" has remained unchanged from the Act's initial inception in 1872, and no change has ever been made to it bearing on the meaning of the term "minor child." B. We Should Use the Original Public Meaning of the Wrongful Death Act's Words With no definition of "minor child" having been provided by the Legislature, this Court must decide how to interpret the meaning of that term as used in the Wrongful Death Act. I believe in originalism, which means that we should apply the original meaning of the words as those words were used in the Act when it was passed in 1872. In other words, I apply the "original public meaning" of the words. As Justice Mitchell 83

SC-2022-0515; SC-2022-0579 has observed, "the meaning of a law is its original public meaning, not its modern meaning." Mitchell, supra, at 1092 (some emphasis added; some emphasis in original); see also Barnett v. Jones, 338 So. 3d 757, 768 (Ala. 2021) (Mitchell, J., concurring specially); Ex parte Pinkard, 373 So. 3d 192, 207 (Ala. 2022) (Mitchell, J., concurring specially); Gulf Shores City Bd. of Educ. v. Mackey, [Ms. 1210353, Dec. 22, 2022] So. 3d (Ala. 2022) (Mitchell, J., concurring in part and concurring in the result).³7 37 One of the leading scholars on this approach has undoubtedly been Justice Antonin Scalia. In Reading Law: The Interpretation of Legal Texts 33 (Thomson/West 2012), Justice Scalia and Bryan A. Garner explain that when a court is required to interpret the words in a statute, it should consider "how a reasonable reader, fully competent in the language, would have understood the text at the time it was issued." (Emphasis added).38 See also id. at 78-92 (referring to this as the "fixed -> 37See also Mitchell, supra, at 1103 (explaining that "[w]hen judges say words should be given their 'ordinary' meaning, we do not mean that each word in a text always takes its literal meaning or its most statistically common meaning. We mean instead that words must be given the meaning that an ordinary reasonable person would ascribe to them after reading them in context."). 38 As Justice Mitchell notes in Textualism in Alabama, supra, "[o]ur court, along with the U.S. Supreme Court and courts within the United 84

SC-2022-0515; SC-2022-0579 meaning canon" and as the "original public meaning" of a statute); New Prime Inc. v. Oliveira, 586 U.S. 139 S. Ct. 532, 539 (2019) (noting that "'[i]t's a "fundamental canon of statutory construction" that words generally should be "interpreted as taking their ordinary ... meaning ... at the time Congress enacted the statute." Wisconsin Central Ltd. v. United States, 585 U.S. 138 S. Ct. 2067, 2074, 201 L. Ed. 2d 490 (quoting Perrin v. United States, 444 U.S. 37, 42, 100 S. Ct. 311, 62 L. Ed. 2d 199 (1979)).").39 Because "[w]ords change meaning over time, and often in unpredictable ways," Justice Scalia and Garner explain that it is important to give words in statutes the meaning they had when they were adopted to avoid changing what the law is. Scalia & Garner, supra, at 78 (emphasis added). "By anchoring the meaning of a text to the objective indication of its words at a fixed point in time, ... a judges' -2 States Court of Appeals for the Eleventh Circuit, has cited Reading Law numerous times." 74 Ala. L. Rev. at 1107. 39 Consistent with applying original public meaning, this Court has explained that "[t]he court knows nothing of the intention of an act, except from the words in which it is expressed, applied to the facts existing at the time, the meaning of the law being the law itself."" Maxwell v. State, 89 Ala. 150, 161, 7 So. 824, 827 (1890) (citation omitted). 85

SC-2022-0515; SC-2022-0579 abilities to 'update' laws as they go along" is constrained. Mitchell, supra, at 1096. Again, because this Court is in the judicial branch, its role is limited, and applying the "original public meaning" of the words in a statute helps this Court to stay within its constitutional role, which is a fundamental part of democracy. See Scalia & Garner, supra, at 82-83 (recognizing that "[o]riginalism is the only approach to text that is compatible with democracy. When government-adopted texts are given a new meaning, the law is changed; and changing written law, like adopting written law in the first place, is the function of the first two branches of government elected legislators and ... elected executive officials and their delegates."). After all, if judges could freely invest old statutory terms with new meanings, this Court would risk amending legislation outside the "single, finely wrought and exhaustively considered, procedure" the Constitution commands. Immigration and Naturalization Serv. v. Chadha, 462 U.S. 919, 951 (1953). 1. The Original Public Meaning of "Minor Child" Can Be Found in the Common Law -- "The authorities ….. are unanimous." -- The common law answers the question whether the term "minor child" as used in the Wrongful Death Act was broad enough in 1872 to 86

SC-2022-0515; SC-2022-0579 reach a frozen embryo today. In Alabama, it is a well-settled principle of law that the common law governs unless expressly changed by the statutes passed by our Legislature. Our Court has repeatedly held that "''[a]ll statutes are construed in reference to the principles of the common law; and it is not to be presumed that there is an intention to modify, or to abrogate it, further than may be expressed, or than the case may absolutely require."" State v. Grant, [Ms. 1210198, Sept. 9, 2022] So. (Ala. 2022) (quoting Beale v. Posey, 72 Ala. 323, 330 (1882)) (emphasis added); see also Ex parte Christopher, 145 So. 3d 60, 65 (Ala. 2013) (observing that "statutes [in derogation or modification of the common law] are presumed not to alter the common law in any way not expressly declared"" (quoting Arnold v. State, 353 So. 2d 524, 526 (Ala. 1977) (emphasis added)).40 3d 4ºSee also Holmes v. Sanders, 729 So. 2d 314, 316 (Ala. 1999) ("[T]he common law is the base upon which all of the laws of this State have been constructed, and when our courts are called upon to construe a statute, ... they must read the statute in light of the common law."") (citation omitted); Ivey v. Wiggins, 276 Ala. 106, 108, 159 So. 2d 618, 619 (1964) (recognizing that "[llegislative enactments in modification of the common law should be clear and such as to prevent reasonable doubt as to the legislative intent and of the limits of such change"). Further "statutes being in derogation of the common law, must be strictly construed, and cannot be extended in their operation and effect by 87

SC-2022-0515; SC-2022-0579 The Alabama Code also expressly mandates that the common law remains in effect absent actual changes by the Legislature. See § 1-3-1, Ala. Code 1975 ("The common law of England, so far as it is not inconsistent with the Constitution, laws and institutions of this state, shall, together with such institutions and laws, be the rule of decisions, and shall continue in force, except as from time to time it may be altered or repealed by the Legislature." (emphasis added)). Similarly, Justice Mitchell has previously recognized that "[a] statute that uses a common-law term, without defining it, adopts its common-law meaning." Mitchell, supra, at 1130 (emphasis added). Other authorities agree that we must "presume the legislature retained the common-law meaning." 3A Norman J. Singer and J.D. Shambie Singer, Statutes and Statutory Construction § 69:9 (7th ed. 2010) (quoted approvingly by Mitchell, supra, at 1130). So, what did the common law indicate in 1872? There is no doubt that the common law did not consider an unborn infant to be a child capable of being killed for the purpose of civil liability or criminal doubtful implication." Mobile Battle House, Inc. v. Wolf, 271 Ala. 632, 639, 126 So. 2d 486, 493 (1961) (emphasis added). 88

SC-2022-0515; SC-2022-0579 homicide liability. In fact, for 100 years after the passage of the Wrongful Death Act, our caselaw did not allow a claim for the death of an unborn infant, confirming that the common law in 1872 did not recognize that an unborn infant (much less a frozen embryo) was a "minor child" who could be killed. For example, in 1926, this Court, for the first time, addressed the issue whether the Wrongful Death Act permitted claims for the death of an unborn fetus who died from prenatal injuries. Citing cases from other jurisdictions, this Court in Stanford v. St. Louis-San Francisco Railway Co., 214 Ala. 611, 612, 108 So. 566, 566 (1926), held that the Wrongful Death Act did not permit recovery for injuries during pregnancy that resulted in the death of the fetus. In support of that holding, our Court wrote: ""The doctrine of the civil law and the ecclesiastical and admiralty courts ….. that an unborn child may be regarded as in esse is a mere legal fiction, which, so far as we have been able to discover, has not been indulged in by the courts of common law to the extent of allowing an action by an infant for injuries occasioned before its birth. If the action can be maintained, it necessarily follows that an infant may maintain an action against its own mother for injuries occasioned by the negligence of the mother while pregnant with it. We are of opinion that the action will not lie."" 214 Ala. at 612, 108 So. at 567 (quoting Allaire v. St. Luke's Hosp., 184 89

SC-2022-0515; SC-2022-0579 Ill. 359, 368, 56 N.E. 638, 640 (1900)) (emphasis added). We emphasized: "The authorities, however, are unanimous in holding that a prenatal injury affords no basis for an action in damages, in favor either of the child or its personal representative." 214 Ala. at 612, 108 So. at 566 (emphasis added). For many years afterwards, this Court maintained this position. See, e.g., Birmingham Baptist Hosp. v. Branton, 218 Ala. 464, 467, 118 So. 741, 743 (1928) (recognizing that "[t]his court has established a general line of demarcation between the civil rights of the mother and child to be born. It is concurrent with separate existence of the mother and child by the birth; and parental injury before the birth is no basis for action in damages by the child or its personal representative."); Snow v. Allen, 227 Ala. 615, 619, 151 So. 468, 471 (1933) (recognizing that "[s]o long as the child is within the mother's womb, it is a part of the mother, and for any injury to it, while yet unborn, damages would be recoverable by the mother in a proper case"). Thus, the common law in Alabama before 1872, and for 100 years afterward, was clear: ""The doctrine of the civil law that an unborn child may be regarded as in esse ... is a mere legal fiction, which ….. has 90

SC-2022-0515; SC-2022-0579 not been indulged in by the courts of common law to the extent of allowing an action by an infant for injuries occasioned before its birth.'" Stanford, 214 Ala. at 612, 108 So. at 566 (citation omitted; emphasis added).41 2. The Main Opinion's Responses to the Common-Law are Mistaken The main opinion provides four responses to the position that the common law did not consider an unborn infant to be a minor child capable of being killed for the purpose of civil liability or criminal-homicide liability: (1) that the common-law homicide rule was merely an "evidentiary rule," (2) that a dictionary from the 1800s includes a definition of "child" that did not provide an "exception" for unborn infants, (3) that William Blackstone (among other things) "grouped" the "rights" of unborn children with the "Rights of Persons," and (4) that the defendants' argument seeks an "exception" to the definition of "minor child" for frozen embryos. Each of these arguments is mistaken. I will address them one at a time. First, the main opinion notes that "[i]t is true, as Justice Cook 4¹Again, we must follow the original public meaning of the statute, even if we might believe that the meaning is ill-informed, unwise, or outdated. If a meaning of a statute is, in fact, ill-informed, unwise, or outdated, the Legislature -- not this Court -- must amend or update that statute. 91

SC-2022-0515; SC-2022-0579 emphasizes, that the common law spared defendants from criminalhomicide liability for killing an unborn child unless the prosecution could prove that the child had been 'born alive' before dying from its injuries." So. 3d at n.6. Nevertheless, the main opinion goes on to assert that the common-law "born-alive" rule was "an evidentiary rule rather than ... a substantive limitation on personhood." Id. 42 The main opinion cites no Alabama authority in support of its "evidentiary rule" argument. The only authority cited is a law-review article from 2009, which in turn relies on a second law-review article from 42The main opinion also asserts that we can ignore the common-law criminal-law rule that it admits existed, because the criminal law has always been "out of step with the treatment of prenatal life in other areas of law."" So. 3d at n.6 (quoting Dobbs, 597 U.S. at 247). It does not cite any Alabama law for this assertion. Regardless, this assertion is directly contrary to our Court's repeated holdings that there should be "congruence" between the Wrongful Death Act and Alabama's criminal-homicide statutes (as discussed more fully below). See Mack, 79 So. 3d at 611. Even if it were not, this argument is nevertheless irrelevant given that the common-law rule in the civil-law context in Alabama was the same rule as the criminal-law rule. See, e.g., Stanford, 214 Ala. at 612, 108 So. at 566. Further, Dobbs did not say that the criminal law could be ignored in determining the meaning of the common law. Instead, the main opinion's quote from Dobbs merely concerned a debate over the "basis" for a different common-law rule (the quickening rule) -- an issue that the Dobbs Court did not even decide. 597 U.S. at 247. 92

SC-2022-0515; SC-2022-0579 1987.43 See id. (citing Joanne Pedone, Filling the Void: Model Legislation for Fetal Homicide Crimes, 43 Colum. J. L. & Soc. Probs. 77, 82 (2009), citing in turn Clarke D. Forsythe, Homicide of the Unborn Child: The Born Alive Rule and Other Legal Anachronisms, 21 Val. U. L. Rev. 563, 586 (1987)). Regardless, the main opinion is mistaken. Our caselaw makes clear that this common law was a substantive rule of law -- both in the criminal context and in the civil context. Stanford, 214 Ala. at 612, 108 So. at 567 (concluding that a wrongful-death action for an unborn child "will not lie"" (citation omitted; emphasis added)); Clarke v. State, 117 Ala. 1, 8, 23 So. 671, 674 (1898) (recognizing that "[a]n infant in its mother's womb, not being in rerum natura, is not considered as a person who can 43 Although the main opinion cites to Dobbs in an apparent effort to support these two law-review articles, Dobbs did not hold, or even suggest, that this common-law rule was merely an evidentiary rule and not a substantive rule of law. Instead, as noted above, the page in Dobbs cited by the main opinion contains a discussion of a debate over the possible "basis" for the "quickening rule." Dobbs, 597 U.S. at 247. Moreover, Dobbs concluded that even the debate over the "basis" of the "quickening rule" was "of little importance." Id. In the present appeals, the "basis" for the common-law rule that an unborn infant could not be killed is not at issue. Even if we were to assume that the "basis" for this common-law rule was unwise, it was still the rule in effect at the time the Wrongful Death Act was passed and therefore is part of the original public meaning of that Act unless the Legislature amends it. 93

SC-2022-0515; SC-2022-0579 be killed within the description of murder ....'" (quoting 3 Russell on Crimes (6th ed.)) (emphasis added)). The main opinion does not cite or distinguish either of these Alabama cases. Nor would it matter if it was an "evidentiary rule" because even an evidentiary rule would still indicate the original public meaning of the statute (that is, what a "reasonable reader" at the time of passage understood the law to be). The main opinion also cites no caselaw holding that an "evidentiary rule" (even if one applied here) should be ignored in determining the original public meaning. Further, even if the common law were a mere evidentiary rule (and it was not), it would be an irrebuttable evidentiary rule as clearly shown by the cases and language cited above. Second, the main opinion argues that the "leading dictionary of that time defined the word 'child' as 'the immediate progeny of parents' and indicated that this term encompassed children in the womb." So. 3d (citing Noah Webster et al., An American Dictionary of the English Language 198 (1864) (quoting the first listed definition). However, this Court cannot ascertain the meaning of disputed terms merely by "plugging a string of words into a dictionary and running with the first results that come up." Mitchell, supra, at 1091. Instead, "words at 94

SC-2022-0515; SC-2022-0579 are given meaning by their context." Scalia & Garner, supra, at 56. Here, the context indicates that the main opinion is mistaken. The cited dictionary does not "indicate[] that this term encompassed children in the womb." Instead, it indicates the opposite. The same first definition of "child" also states: "The term is applied to infants from their birth; but the time when they cease ordinarily to be so called, is not defined by custom." Webster, supra, at 198. (emphasis added).44 "From their birth" 44The main opinion argues in a footnote that the language in the first definition of "child" merely "contrasts newborns with older children in order to make the point that there is no clear-cut time at which a young person transitions from childhood to adulthood." So. 3d at n.5. But this is not the plain meaning of the language in the definition of "child": "[t]he term is applied to infants from their birth." Webster, supra, at 198. And, our Court is not in a position to speculate about what the subjective intent of the author of an 1864 dictionary might have been -- that is, whether this plain language was included merely "in order to make the point." See Scalia & Garner, supra, at 30 ("Subjective intent is beside the point. ... Objective meaning is what we are after …..."). In that same footnote (and in a parenthetical in the text of the main opinion), the main opinion also quotes the last line of the definition in this dictionary (line 41 - under the seventh definition). So. 3d at n.5. However, this quotation is simply an illustration. Webster, supra, at 198 ("To be with child, to be pregnant"). Again, this illustration does not contradict the common law or Alabama law of the time. In fact, to the extent that this illustration could mean anything in these appeals, it would tend to show that a frozen embryo outside of a mother would not have been part of the public meaning of "minor child" in 1872 because there would be no mother who was "pregnant." 95

SC-2022-0515; SC-2022-0579 means after they were born. Further, the language quoted in the text of the main opinion is general in nature ("immediate progeny of parents") and thus fails to answer the question whether a frozen embryo is a "minor child" as that term was understood in 1872. This general definition also does not contradict the common law in any way. As explained above, the common law (and Alabama law) is definite, and it does indicate that, in 1872, the public meaning of "minor child" as used in the Wrongful Death Act did not include an unborn infant (or a frozen embryo). In the same vein, the main opinion cites Blackstone's Commentaries and argues (1) that it "expressly grouped the rights of unborn children" with the "Rights of Persons,"" (2) "consistently described unborn children as 'infant[s]' or 'child[ren],"" and (3) spoke of "such children as sharing in the same right to life that is 'inherent by nature in every individual."" So. 3d at (quoting 1 William Finally, the main opinion argues that the definition of a different word "childbearing" -- "drives home the point" when it "describes 'childbearing' as the act of 'bearing children' in the womb." Id. However, the definition is far less clear. Instead it states that "childbearing" is "[t]he act of producing or bringing forth children; parturition." 96

SC-2022-0515; SC-2022-0579 Blackstone's Commentaries on the Laws of England *125-26). The main of these principles in Blackstone's opinion's characterization Commentaries is mistaken. First, none of this contradicts the Alabama caselaw cited above. In fact, the snippets quoted by the main opinion do not state, one way or the other, whether an unborn infant could be killed under the common law (whether for civil or criminal purposes). Second, how a list of rights were "grouped" seems insignificant at best, and the main opinion provides no explanation for why this is even relevant, much less important. Third, although the main opinion's assertion that children share the "same right to life" is certainly true, it does not help explain why a frozen embryo is a "minor child" as that term was understood in 1872 when the Act was adopted. Finally, the main opinion incorrectly characterizes the defendants' argument as seeking an exception to the definition of "minor child." The very beginning of the main opinion argues: "This Court has long held that unborn children are 'children' for purposes of Alabama's Wrongful Death of a Minor Act The central question presented ... is whether the Act contains an unwritten exception to that rule for extrauterine children that is, unborn children who are located outside of a biological uterus at the time they are 97

SC-2022-0515; SC-2022-0579 killed." So. 3d at (emphasis added). In making this assertion, the main opinion assumes the answer to the relevant question -- i.e., whether a "frozen embryo" is a "minor child" as that term was understood in 1872 in the Wrongful Death Act -- by immediately labeling frozen embryos as "extrauterine children" and deeming them "unborn children." In other words, the main opinion assumes that a frozen embryo is a "child" without further context or analysis and does so in the second sentence of the opinion. The main opinion then asks an irrelevant question -- "whether the Act contains an unwritten exception" for "extrauterine children." So. 3d at (emphasis added). No party has suggested or requested an "exception" to anything in these appeals. Assuming the answer to the question and then framing this debate as whether an "exception" exists is semantics. It does not provide an answer to the relevant question and does nothing to respond to the common-law rule. In short, the common-law rule as stated by our Court in Stanford is the original public meaning of the term "minor child" as it was understood in 1872 in the Wrongful Death Act. Stanford, 214 Ala. at 612, 98

SC-2022-0515; SC-2022-0579 108 So. at 567 (1926) (concluding "that an unborn child may be regarded as in esse is a mere legal fiction, which, so far as we have been able to discover, has not been indulged in by the courts of common law to the extent of allowing an action by an infant for injuries occasioned before its birth'" (citation omitted)). And, our Court has made clear that "': 'statutes [in derogation or modification of the common law] are presumed not to alter the common law in any way not expressly declared.'" Ex parte Christopher, 145 So. 3d at 65 (citation omitted). Thus, any update to the Wrongful Death Act must be done by the Legislature and not this Court. C. Prior Caselaw Interpreting and Applying the Wrongful Death Act Based on Congruence with Alabama's Criminal-Homicide Statutes and Action by the Legislature What about this Court's more recent caselaw interpreting the Wrongful Death Act? Although the members of this Court believe in originalism and textualism, we should not ignore our prior caselaw unless we are willing to overrule it. After the cases cited above, the next time we tackled these issues was in 1972 when we decided Huskey v. Smith, 289 Ala. 52, 265 So. 2d 596 (1972). In Huskey, for the first time, 100 years after the passage of the Wrongful Death Act, we allowed an action for unborn infant who was viable at the time of a prenatal injury 99

SC-2022-0515; SC-2022-0579 and thereafter was born alive, but who later died, thus partially overruling Stanford. Why did we partially overrule Stanford in Huskey? One key reason was our Court's recognition that the purpose and reach of the Wrongful Death Act was tied to the State's criminal-homicide statutes: "By the criminal law, it is a great crime to kill the child after it is able to stir in the mother's womb, by an injury inflicted upon the person of the mother, and it may be murder if the child is born alive and dies of prenatal injuries. Clarke v. State, 117 Ala. 1, 23 So. 671 (1897). One of the purposes of our wrongful death statute is to prevent homicides. Bell v. Riley Bus Lines, [257 Ala. 120, 57 So. 2d 612 (1952)]. If we continued to follow Stanford, which followed then existing precedent, a defendant could be responsible criminally for the homicide of a fetal child but would have no similar responsibility civilly. This is incongruous." Huskey, 289 Ala. at 55, 265 So. 2d at 597-98 (second and third emphasis added). Then, in 1993, our Court made clear that it would not expand recovery under the Wrongful Death Act beyond that which was expressly provided in the Act absent a clear direction from the Legislature. First, in Lollar v. Tankersley, 613 So. 2d 1249, 1252-53 (Ala. 1993), we explained that, "[w]ithout a clearer expression of legislative intent," we would decline to hold that the Wrongful Death Act "creates a cause of 100

SC-2022-0515; SC-2022-0579 action for the wrongful death of a fetus that has never attained viability" and noted that "it appears that no court in the United States has, without a clear legislative directive, recognized a cause of action for the wrongful death of a fetus that has never attained a state of development exceeding that attained in this case." Then, in Gentry v. Gilmore, 613 So. 2d 1241, 1244 (Ala. 1993), we repeated this sentiment and explained: "We follow the reasoning of a majority of jurisdictions and hold that our statute provides no cause of action for the wrongful death of a nonviable fetus. In so holding, we point out that, with the exception of Georgia, the Gentrys' position [that a wrongful-death action exists for the death of a nonviable fetus] apparently is not the law in any American jurisdiction where there is no clear legislative direction to include a nonviable fetus within the class of those covered by the wrongful death acts. See Miccolis v. AMICA Mutual Insurance Co., 587 A.2d 67, 71 (R.I. 1991); Gary A. Meadows, Comment, Wrongful Death and the Lost Society of the Unborn, 13 J. Legal Med. 99, 107 (1992); and Sheldon R. Shapiro, Annotation, Right to Maintain Action or to Recover Damages for Death of Unborn Child, 84 A.L.R.3d 411, 453-54, § 5[a] (1978 & Supp. 1992)." (Emphasis added.) Using language similar to Huskey, Justice Houston wrote specially in both cases and argued for an approach that he believed would be "consistent with the criminal law." Noting the definition of "person" in Alabama's criminal-homicide statutes at that time, Justice Houston 101

SC-2022-0515; SC-2022-0579 wrote: "There should not be different standards in wrongful death and homicide statutes, given that the avowed public purpose of the wrongful death statute is to prevent homicide and to punish the culpable party and not to compensate for the loss." Gentry, 613 So. 2d at 1245 (Houston, J., concurring in the result); Lollar, 613 So. 2d at 1253 (Houston, J., concurring in the result). 1. The Brody Act and This Court's Reiteration of Congruence Between Alabama's Criminal-Homicide Statutes and the Wrongful Death Act In 2006, nearly 13 years after Justice Houston's observations in Lollar and Gentry, the Alabama Legislature enacted the "Brody Act," Act No. 2006-419, Ala. Acts 2006, codified as § 13A-6-1, Ala. Code 1975. The Brody Act amended the definition of "person" in Alabama's criminalhomicide statutes to expand who could be deemed a victim of a criminal homicide to include an "unborn child in utero." See § 13A-6-1(a)(3), Ala. Code 1975. Before that amendment, the definition of "person" in Alabama's criminal-homicide statutes was: "[A] human being who had been born and was alive at the time of the homicidal act." See Act No. 607, § 2001(2), Ala. Acts 1977, formerly codified as § 13A-6 102

SC-2022-0515; SC-2022-0579 1(2) (emphasis added). After the passage of the Brody Act, however, the definition of "person" in the criminal-homicide statutes became: "[A] human being, including an unborn child in utero at any stage of development, regardless of viability." § 13A-6-1(a) (3) (emphasis added). Following the passage of the Brody Act, our Court decided Mack v. Carmack, 79 So. 3d 597 (Ala. 2011), in which we held that a plaintiff could bring a claim under the Wrongful Death Act for the death of a previable in utero fetus. Our holding in Mack rested, in large part, on the Legislature's adoption of the Brody Act. Specifically, we noted that the Brody Act "constitute [d] clear legislative intent to protect even nonviable fetuses from homicidal acts." 79 So. 3d at 610. We also explained that the public purpose of our wrongful-death statutes, including the Wrongful Death Act, is to prevent homicide and that "this Court repeatedly has emphasized the need for congruence between the criminal law and our civil wrongful-death statutes." 79 So. 3d at 611 (emphasis added). Thus, we held, after considering "the legislature's amendment of Alabama's homicide statute to include protection for 'an unborn child in utero at any stage of development, regardless of viability,' § 13A-61(a)(3)," that the Wrongful Death Act should likewise permit an action 103

SC-2022-0515; SC-2022-0579 for the death of the plaintiff's previable, in utero fetus given that the purpose of the Act is to prevent the death of a child. Id. In so holding, we quoted with approval Justice Houston's special concurrences from Gentry and Lollar regarding the need for congruence between Alabama's wrongful-death statutes and its criminal-homicide statutes given that the purpose of those statutes is to prevent homicide and "'to punish the culpable party and not to compensate for the loss.'" Id. at 610 (quoting Gentry, 613 So. 2d at 1245 (Houston, J., concurring in the result); and Lollar, 613 So. 2d at 1253 (Houston, J., concurring in the result)). Five years after this Court's decision in Mack, our Court reached an identical result in Stinnett v. Kennedy, 232 So. 3d 202 (Ala. 2016). In that case, we explained that "borrowing the definition of 'person' from the criminal Homicide Act to inform [us] as to who is protected under the civil Wrongful Death Act made sense." 232 So. 3d at 215 (emphasis added). In the present appeals, the parties have neither asserted that our holdings or reasoning in either Mack or Stinnett are wrong, nor have they asked us to overrule those decisions. See Clay Kilgore Constr., Inc. v. Buchalter/Grant, L.L.C., 949 So. 2d 893, 898 (Ala. 2006) (noting absence of a specific request to overrule existing authority and stating that, 104

SC-2022-0515; SC-2022-0579 "[e]ven if we would be amenable to such a request, we are not inclined to abandon precedent without a specific invitation to do so"). 45 I therefore see no reason to abandon this precedent in deciding the question at issue in the present appeals. 2. The Main Opinion is Overruling Mack and Stinnett The main opinion alleges that this Court's decisions in Mack and Stinnett do not "mean that the definition of 'child' in the Wrongful Death of a Minor Act must precisely mirror the definition of 'person' in our criminal-homicide laws." Specifically, the main opinion alleges that, because criminal liability is "more severe than civil liability," the "set of conduct that can support a criminal prosecution is almost always narrower than the conduct that can support a civil suit." According to the main opinion, an argument to the contrary is "not only illogical, it was rejected in Stinnett itself." So. Based on the foregoing, the main opinion concludes that the definition of "person" in Alabama's criminal-homicide law provides a "floor" for the definition of personhood in wrongful-death actions, not a 3d at So. 3d at So. 3d at 45See also Alabama Dep't of Revenue v. Greenetrack, Inc., 369 So. 3d 640 (Ala. 2022) (declining to overrule precedent when the parties did not expressly ask this Court to do so). 105

SC-2022-0515; SC-2022-0579 "ceiling." So. 3d at Contrary to the main opinion's assertion, our Court in Stinnett expressly stated that it was "borrowing the definition of 'person' from the criminal Homicide Act to inform [us] as to who is protected under the civil Wrongful Death Act." 232 So. 3d at 215 (emphasis added). By using the phrase "borrowing the definition," it is difficult to imagine how much clearer our Court could have been that the definitions of the terms "person" and "minor child" were to be interpreted the same. Thus, the main opinion is simply incorrect when it states that Stinnett "did not say that." So. 3d at Additionally, in reaching the above conclusion, the main opinion mistakes statutory definitions for liability standards. It is certainly true that criminal law includes additional defenses (and sometimes includes additional elements) and thus contains a "narrower" standard of liability than civil law, but it is also true that definitions of terms can be the same in the criminal-homicide statutes and the civil wrongful-death statutes. Stinnett illustrates this. In that case, the plaintiff sued a physician for the wrongful death of her unborn fetus pursuant to the Wrongful Death Act. The defendant, emphasizing the congruence discussion in 106

SC-2022-0515; SC-2022-0579 Mack, argued that an exception to liability for medical personnel in the criminal-homicide statutes also prevented malpractice liability under the Wrongful Death Act. See Stinnett, 232 So. 3d at 214-15 (citing § 13A-61(b), Ala. Code 1975, which provides a defense to homicide for a physician providing medical care for a "[m]istake, or unintentional error"). Not surprisingly, our Court disagreed. Relying on Mack, we explained that the liability standard differed between the criminalhomicide statutes and the civil Wrongful Death Act. Therefore, this Court held, the defendant could be liable for medical malpractice even if she were a physician and committed an "unintentional error." We wrote: "[Mack's] attempt to harmonize who is a 'person' protected from homicide under both the Homicide Act and Wrongful Death Act, however, was never intended to synchronize civil and criminal liability under those acts, or the defenses to such liability." 232 So. 3d at 215 (emphasis added); (quoting the same language). Thus, contrary to the main opinion's position, our Court in Stinnett made clear that our holding on liability standards had no impact on our decision to "borrow[]" the definition of "person" (that is, the victim) in Alabama's criminal-homicide statutes to determine who a "minor child" was under the Wrongful Death Act. 107 So. 3d at

SC-2022-0515; SC-2022-0579 Moreover, the main opinion's reasoning that the definition of "person" in Alabama's criminal-homicide statutes provides a "floor" for the definition of "child" in wrongful-death actions, not a "ceiling," is also illogical given the changes brought about by the Brody Act. 46 The Legislature made an intentional decision to extend the criminal-homicide statutes beyond the common law when it passed the Brody Act. In sharp contrast, the Legislature has never extended the relevant portion of the Wrongful Death Act, despite the passage of 150 years. Yet, the main opinion now decides that the definition in this unamended civil statute goes further than the definition in the criminal-homicide statutes that the Legislature did extend. In sum, the main opinion overrules Mack and Stinnett 47 sub silentio 46When construing a criminal statute in a civil action, the Rule of Lenity should be applied because it would be "inconceivable" to give "the language defining the violation ... one meaning (a narrow one) for the penal sanctions and a different meaning (a more expansive one) for the private compensatory action." Scalia & Garner, supra, at 297. 47The year after this Court decided Mack, supra, it was once again called upon to address the reach of the Wrongful Death Act in Hamilton v. Scott, 97 So. 3d 728 (Ala. 2021). The main opinion quotes Hamilton for the proposition that a wrongful-death-act claim can be brought for "'any unborn child."" So. 3d at (quoting Hamilton, 97 So. 3d at 735). This quote is correct, but it does not answer the relevant question in these that is, whether a frozen embryo is a "minor child" as that term 108 cases --

SC-2022-0515; SC-2022-0579 by decoupling the definitions in the criminal-homicide statutes and the Wrongful Death Act, by removing the reasoning of those decisions, and by overlooking our other caselaw requiring congruence between the definition of "person" in Alabama's criminal-homicide statutes and the definition of "minor child" in the Wrongful Death Act.48 was used in 1872 in the Wrongful Death Act. Further, Hamilton did not change the holding in Mack and instead expressly stated that "Mack is now controlling precedent .... Therefore, we will apply Mack in deciding this appeal." Hamilton, 97 So. 3d at 735. Moreover, to the extent that there is any confusion about whether the homicide statutes' definition of "person" has been "borrow[ed]" (and thus is both a "floor" and a "ceiling" for the scope of the term "minor child" in the Wrongful Death Act), Stinnett governs because it was decided after Hamilton. 48The main opinion argues that the "bulk of [my] dissent is animated by the view that Mack was wrongfully decided and that, contrary to its holding, unborn children are not 'children' under the Act after all." So. 3d at n.4. This is inaccurate. The opinions in these cases are settled law, and I have not questioned them or their reasoning. Moreover, as explained above, Mack arose after the Legislature made an express change to the criminal-homicide statutes that broadened the definition of "person" beyond the common law for the first time. So that there is no doubt, the law in Alabama is clear (since the Legislature amended the criminal-homicide statutes) that killing an "unborn child in utero" is both a homicide and actionable under the Wrongful Death Act -- and I agree with this law. Here, we are called upon to decide a question that this Court has not decided before -- whether a frozen embryo is a "minor child" under the Wrongful Death Act. There are two possible approaches to this: (1) follow the holding of Mack and Stinnett (that is, use the homicide definition of "person" adopted by the Legislature in the criminal-homicide 109

SC-2022-0515; SC-2022-0579 3. The Plaintiffs' Arguments Regarding the Brody Act are Mistaken Because I would follow our prior precedent that there must be "congruence" between the definition of "person" in Alabama's criminalhomicide statutes and the definition of "minor child" in the Wrongful Death Act, I must consider whether a frozen embryo is within the definition of "person" in the criminal-homicide statutes, as amended by the Brody Act-- a question that is hotly debated in the briefs. Because the main opinion holds that the definition in the criminal-homicide statutes is merely a "floor," it does not engage on this question. As noted above, after the passage of the Brody Act, the definition of "person" in the criminal-homicide statutes became: "[A] human being, including an unborn child in utero at any stage of development, regardless of viability." § 13A-6-1(a)(3) (emphasis added). The primary argument between the parties is over the phrase "including an unborn child in utero." On the one hand, the defendants argue strongly that the statutes) or (2) independently determine the meaning of that term by following the original public meaning of that term. As explained above, the result is the same under either approach. The main opinion must choose one way or the other. Either Mack and Stinnett were correct and the main opinion is bound by the criminal-homicide statutes' definition for "person," or the main opinion is bound by the original public meaning of the term "minor child." 110

SC-2022-0515; SC-2022-0579 phrase "including an unborn child in utero" indicates that the Legislature, by adding this phrase to the definition, implied that "human being" would not otherwise include an unborn child in utero (and therefore would not include a frozen embryo, which was not added). On the other hand, the plaintiffs argue just as strongly that this phrase is not intended to be a limiting phrase but, instead, merely provides one example of a "human being," thus implying that "human being" is broad enough to include a frozen embryo. First, this Court has recognized that both the preamble and the title of an act may be used to resolve any ambiguities in the text. See Newton v. City of Tuscaloosa, 251 Ala. 209, 218, 36 So. 2d 487, 494 (1948) (recognizing that "both the preamble and the title of an act may be looked to in order to remove ambiguities and uncertainty in the enacting clause"); City of Bessemer v. McClain, 957 So. 2d 1061, 1075 (Ala. 2006) (noting that our Court "can also look at the title or preamble of the act"); Scalia & Garner, supra, at 33 (recognizing that the textual purpose of an act is "vital" to its context). The Brody Act provides that it "shall be known as the 'Brody Act,' in memory of the unborn son of Brandy Parker, whose death occurred 111

SC-2022-0515; SC-2022-0579 when she was eight and one-half months pregnant." Act No. 2006-419, § 4. Likewise, the title to the Brody Act provides that it is "[a]n act, [t]o amend [Alabama's homicide code], to define person to include an unborn child [and] to name the bill 'Brody Act' in memory of the unborn son of Brandy Parker, whose death occurred when she was eight and one-half months pregnant." Based on the contents of the Brody Act and its title, it seems quite clear to me that the death of Brody Parker an unborn, in utero child -- spurred the Legislature to change the definition of a "person" in the criminal-homicide statutes from the common-law meaning to a meaning that now allows a defendant to be charged with murder when he or she causes the death of a "human being" "in utero." In other words, the textual purpose was to expand the definition of "person" to cover victims like Brody Parker who died in utero. Our caselaw makes clear that we must presume that the terms of a statute mean what they were designed to effect, and we are not allowed to enlarge them by construction. See Holmes v. Sanders, 729 So. 3d 314, 316 (Ala. 1999) (explaining that this Court presumes "that the legislature did not intend to make any alteration in the law beyond what it declares either expressly or by 112 --

SC-2022-0515; SC-2022-0579 unmistakable implication"" (quoting Beasley v. MacDonald Eng'g Co., 287 Ala. 189, 197, 249 So. 2d 844, 851 (1971))).49 Second, the plaintiffs' proposed statutory construction of the criminal-homicide statutes is contrary to the common law of homicide and is not supported by the history of Alabama's criminal-homicide statutes. In 1852, the Alabama Legislature passed the first criminalhomicide statute, which made clear that only a "human being" could be the victim of a murder. That statute read, in relevant part, that "every homicide perpetrated ... to effect the death of any human being" constituted murder. § 3080, Ala. Code 1852 (emphasis added). Although every Code section addressing criminal homicide enacted between 1852 and 1977 used the term "human being" to describe the victim of murder and manslaughter, the Legislature never defined the term. After the passage of the first homicide statute, this Court held that killing an unborn infant in utero did not constitute a murder, citing a common-law treatise. For example, in Clarke v. State, 117 Ala. at 8, 23 4⁹See also Cook v. Meyer Bros., 73 Ala. 580, 583 (1883) (noting the "presumption ... that the language of the statute import[s] the alteration or change it was designed to effect, and [its] operation will not be enlarged by construction ...."). 113

SC-2022-0515; SC-2022-0579 So. at 674, this Court wrote that "[a]n infant in its mother's womb, not being in rerum natura, is not considered as a person who can be killed, within the description of murder ...." (Quoting 3 Russell on Crimes (6th ed.) (emphasis added).) 50 Then, in 1977, the Legislature repealed the previous criminalhomicide statutes and replaced them with the new criminal-homicide statutes. In doing so, the Legislature expressly adopted the common-law rule and defined the term "person" as "a human being who had been born and was alive at the time of the homicidal act." Former § 13A-6-1(2). That definition remained unchanged until the adoption of the Brody Act, at which point the Legislature, as explained above, went beyond the common-law rule to expressly declare that a victim of a homicide or assault (that is, a "human being") included an "unborn child in utero." 50 The authority cited in Clarke was a leading criminal-law treatise originally written about the common law by an English Justice named William Oldnall Russell. Although this Court cited the sixth edition (published in 1896), the earlier editions contained the same quote, dating back to at least 1826. See, e.g., William Oldnall Russell, A Treatise on Crimes and Indictable Misdemeanors at 424 (2d ed. 1826). In other words, this Court in Clarke correctly stated and followed the content of the common law. 114

SC-2022-0515; SC-2022-0579 In short, the common law was clear that an unborn infant was "not considered as a person who can be killed."" Clarke, 117 Ala. at 8, 23 So. at 674 (citation omitted). The statutory law did not change this until the passage of the Brody Act. Thus, the common-law definition remains, except to the extent that it has been expressly changed by the Brody Act to add an "unborn child in utero" to the definition of "person" in Alabama's criminal-homicide statutes. To conclude otherwise would be inconsistent with our caselaw cited above holding that "'[a]ll statutes are construed in reference to the principles of the common law; and it is not to be presumed that there is an intention to modify, or to abrogate it, further than may be expressed, or than the case may absolutely require."" Grant, (citing and quoting Beale v. Posey, 72 Ala. at 330).51 So. 3d at 511 note briefly that, were we to adopt the plaintiffs' proposed construction of the definition of "person" in the criminal-homicide statutes, we risk criminalizing the IVF process. Under the Rule of Lenity, "'criminal statutes are to be strictly construed in favor of those persons sought to be subjected to their operation, i.e., defendants."" Ex parte Bertram, 884 So. 2d 889, 891 (Ala. 2003) (quoting Clements v. State, 370 So. 2d 723, 725 (Ala. 1979), overruled on other grounds by Beck v. State, 396 So. 2d 645 (Ala. 1980)). Thus, if there were any reasonable doubts as to the statutory construction of the criminal-homicide statutes, this Court would apply the Rule of Lenity and strictly construe the definition of "person" in favor of those persons sought to be subjected to their 115

SC-2022-0515; SC-2022-0579 For all of these reasons, it seems clear to me that a frozen embryo does not fit within the statutory definition of "person" as that term is used in Alabama's criminal-homicide statutes and thus cannot be a "minor child" under the Wrongful Death Act. D. Article I, § 36.06, of the Alabama Constitution of 2022 Has No Impact on the Terms in the Wrongful Death Act from 1872 The main opinion also argues that, even if the word "child" in the Wrongful Death Act were ambiguous, Article I, § 36.06, of the Alabama Constitution of 2022 "operates in this context as a constitutionally imposed canon of construction," which "require[s] courts to resolve the ambiguity in favor of protecting unborn life." section "acknowledges, declares, and affirms that it is the public policy of this state to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate." § 36.06(b) (emphasis added). The Chief Justice also devotes his special concurrence to this argument. So. 3d at That The first problem with this argument is that there is nothing in the 116 operation -- for instance, in a future case, perhaps fertility-clinic workers. This is yet another reason why the plaintiffs' interpretation of the criminal-homicide statutes is mistaken.

SC-2022-0515; SC-2022-0579 text of § 36.06 about resolving ambiguities in statutes (assuming there was one here), and the main opinion cites no authority supporting such a rule of construction. Even if we were to assume such a rule of construction, there is nothing in § 36.06 that tells us how to best protect frozen embryos. Specifically, § 36.06 does not indicate (1) whether we should protect frozen embryos by updating the words in the Wrongful Death Act or (2) whether we should protect frozen embryos via the ordinary common-law route (that is, by allowing the claims of negligence and wantonness to move forward in these actions). Why is one option more constitutionally mandated than another -- especially when one option requires us to discount the original public meaning of the terms in the Wrongful Death Act as it was passed by the Legislature in 1872? The second problem with this position is timing. The Wrongful Death Act was passed in 1872, whereas § 36.06 was passed in 2018. Section 36.06 cannot retroactively change the meaning of words passed in 1872. The Legislature in 1872 had no idea about a constitutional amendment that would be passed 150 years later. If the Legislature wanted to change the words in the statute, they should have changed the 117

SC-2022-0515; SC-2022-0579 words in the statute.52 Although I agree with much of what Chief Justice Parker so eloquently states in his special concurrence regarding the "sanctity of So. 3d at (Parker, C.J., concurring specially), I do not agree with his discussion of the "Effect of Constitutional Policy." (Parker, C.J., concurring specially). In particular, I believe he is mistaken when he asserts that the People of Alabama "explicitly" told "all three branches of government what they ought to do" in § 36.06. So. 3d at (Parker, C.J., concurring specially). The question for these appeals is whether Alabama law provides a private cause of action, for money damages, for the loss of a frozen embryo. There is no language in this constitutional amendment mentioning private causes of action, or money damages, or frozen embryos, or IVF. Compare Dobbs, 597 U.S. at unborn life," So. 3d at 52It is of course true, as the main opinion notes, that the Constitution is the "supreme law of the state"" and that all statues "must yield"" to it. So. 3d at n.7. However, the main opinion fails to explain why the original public meaning of the term "minor child" in the Wrongful Death Act violates -- that is, does not "yield" to § 36.06. Although the main opinion contends that the definition of "child" that it applies here is "in keeping with the definition that was established by this Court's precedents at the time § 36.06 was adopted," id. (emphasis omitted), I fail to see how that could be true given that, as explained in detail above, the main opinion is overruling Mack and Stinnett. 118

SC-2022-0515; SC-2022-0579 237 (noting that a right to abortion "is not mentioned anywhere in the Constitution"). The third difficulty with this argument is that it does not rebut any of my conclusions discussed above, including those premised on the common law, the criminal-homicide statutes, and our prior caselaw. It is for all of these reasons that I find this argument unpersuasive. E. The Suggestion that the Common Law Has Been "Collectively Repealed" Is Mistaken Justice Shaw argues that it is "well settled" that the meaning of the term "minor child" "includes an unborn child with no distinction (Shaw, J., concurring specially) (emphasis added). Other than simply referring to the main opinion, Justice Shaw cites no legal authority that this lack of any distinction is "well settled." Regardless, he is mistaken for all the reasons explained above. As to his assertion that "the legislature, the constitution, and this Court's decisions have collectively repealed the common law's prohibition on ... seeking a civil remedy for injuries done to the unborn," So. 3d (Shaw, J., concurring specially), Justice Shaw provides no analysis on this point either and, instead, simply provides a string between in vitro or in utero." at So. 3d at 119

SC-2022-0515; SC-2022-0579 citation to (1) the Wrongful Death Act itself, (2) § 36.06(b) (analyzed in full earlier), and (3) two cases that support my position (as explained Regardless, it is well settled that the Legislature -- earlier). Id. at not this Court -- "repeal[s]" statutes. Further, the question in these appeals is not whether there is a common-law "prohibition on seeking a civil remedy for injuries done to the unborn" (as Justice Shaw frames the issue). (Shaw, J., concurring specially) (emphasis added). Instead, the question is whether the common law can help this Court determine if a frozen embryo is within the meaning of the term "minor child" in the Wrongful Death Act. Justice Shaw appears to contend that the common law has a narrower role in providing meaning for words used in Alabama statutes than I have explained above. Relying on a special concurrence to a 1974 plurality opinion from this Court and § 1-3-1, Ala. Code 1975, he contends that Alabama statutory law "'does not provide"" that the "'"common law of England shall be the rule of decisions in Alabama unless changed by the legislature.' (Shaw, J., concurring specially) (quoting Swartz v. United States Steel Corp., 293 Ala. 439, 446, 304 So. So. 3d at So. 3d at 120

SC-2022-0515; SC-2022-0579 2d 881, 887 (1974) (Faulkner, J., concurring specially)) (emphasis added). He argues "[o]n the contrary,"" Alabama law merely provides that the common law applies so long as it is "[n]ot_inconsistent with the constitution, the laws, and the institutions of Alabama."" Id. (some emphasis omitted); id. at ("But if it is inconsistent, then it need not be first altered or repealed by the legislature."). I fail to see a distinction between these standards and what our Court has repeatedly (and very recently) broadly stated: "'All statutes are construed in reference to the principles of the common law,'" Grant, and "statutes [in derogation or modification of the common law] are presumed not to alter the common law in any way not expressly declared,'" Ex parte Christopher, 145 So. 3d at 65 (citation omitted; emphasis added); see also 3A Norman J. Singer and J.D. Shambie Singer, Statutes and Statutory Construction § 69:9 (explaining that we "presume the legislature retained the common-law meaning"). Justice Shaw does not cite or distinguish any of this authority. More fundamentally, Justice Shaw does not explain how using the common-law understanding of the meaning of the term "child" to determine whether a frozen embryo is a "minor child" under the Wrongful So. 3d at 121

SC-2022-0515; SC-2022-0579 Death Act is "inconsistent" with "the constitution, the laws, and the (Shaw, J., concurring specially) (emphasis and citation omitted). As explained thoroughly above, any changes that have been made in this area of the law have been made incrementally by the Legislature over time and have only gone so far as to encompass unborn, in utero children, as reflected in the holding and language discussed above in Stinnett, 232 So. 3d at 215 (which postdates the two cases cited by Justice Shaw).53 Thus, unless and until the Legislature updates Alabama law in such a way that demonstrates that a "frozen embryo" is a "minor child," this Court remains bound by the original public meaning of that term as it was understood in 1872 when the Legislature passed the Wrongful institutions of Alabama."" Death Act. So. 3d at F. Not a Single State Agrees with the Main Opinion Not a single state has held that a wrongful-death action (or a 53Like the main opinion, Justice Shaw argues that the definition of "person" in the criminal-homicide statutes "does not limit the determination whether an in vitro embryo is a 'minor child' for purposes of a civil-law action under the Wrongful Death Act." So. 3d at (Shaw, J., concurring specially). But, he cites no legal authority other than referring to the main opinion, and therefore he is mistaken for all the reasons explained above. 122

SC-2022-0515; SC-2022-0579 criminal-homicide action) can be brought for the destruction of a frozen embryo. In fact, a number of jurisdictions have rejected such causes of action. See, e.g., Penniman v. University Hosps. Health Sys., Inc., 130 N.E.3d 333, 339 (Ohio Ct. App. 2019) (holding that patients could not bring wrongful-death action against hospital based on destruction of frozen embryos because the embryos had no statutory rights); Jeter v. Mayo Clinic Arizona, 211 Ariz. 386, 400, 121 P.3d 1256, 1270 (Ct. App. 2005) (holding that cryopreserved, three-day-old, eight-cell pre-embryo was not a "person" for purposes of recovery under wrongful-death statute); and Davis v. Davis, 842 S.W.2d 588, 594 (Tenn. 1992) (holding that under Tennessee law pre-embryos could not be considered "persons"). It is certainly true that this Court is not bound by the results in other states; however, when we are the sole outlier, it should cause us to carefully reexamine our conclusions about expanding the reach of a statute passed in 1872 and our understanding of the common law. G. The Consequences of This Decision and Why That is Relevant The main opinion's holding will mean that the creation of frozen embryos will end in Alabama. No rational medical provider would 123

SC-2022-0515; SC-2022-0579 continue to provide services for creating and maintaining frozen embryos knowing that they must continue to maintain such frozen embryos forever or risk the penalty of a Wrongful Death Act claim for punitive damages.54 There is no doubt that there are many Alabama citizens praying to be parents who will no longer have that opportunity. And, there is no doubt that there will be fewer babies born. On the other hand, there are powerful moral and policy arguments supporting the notion that ending the creation, use, and destruction of frozen embryos is a good thing and that IVF technology has the potential for grave misuse. I am empathetic to both sides of this debate; however, it is not my role to take a position one way or another on this issue. Even so, ending the creation of frozen embryos will undoubtedly cause significant consequences that will affect the future lives of thousands of Alabama citizens for years to come and the babies who will not be born. The solemn 54The main opinion notes, but does not reach, the defendants' possible defenses based upon contracts between the IVF provider and the plaintiffs. Like the main opinion, I do not reach the possible defenses. However, no medical provider would depend upon the contract argument to continue creating and maintaining frozen embryos in the future, given this significant legal uncertainty and the potential to incur a significant punitive damage penalty. 124

SC-2022-0515; SC-2022-0579 significance of these consequences (as well as the need for comprehensive regulation) further illustrates why this question is an issue that should be addressed by the elected representatives of the people of Alabama in the Legislature, not this Court. I thus urge the Legislature to promptly consider these issues to provide certainty to these Alabama parents-tobe and to the medical professionals who are attempting to provide services to them. 55 55As to the consequences of a contrary ruling, the main opinion discusses, but does not rely upon, a "parade of horribles" that the plaintiffs claim might result from a ruling that the term "minor child" in the Wrongful Death Act does not include frozen embryos. The plaintiffs are mistaken. These cases have no connection to partial-birth abortions, and Alabama's law on partial-birth abortions would not be impacted by a ruling in favor of the defendants in these civil wrongful-death cases. See § 26-23-3, Ala. Code 1975. There are also no facts in the record to support any such argument, and there is no doubt the Wrongful Death Act could reach a partial-birth abortion situation as appropriate. As to the plaintiffs' second argument (regarding a possible future case involving a yet to be invented artificial womb), the answer to this futuristic hypothetical is simple. These cases are about the facts today and are based upon a statute that has not changed in its relevant terms since 1872. Should the facts change, the Legislature can address future technologies and can do so far better than this Court. The main opinion alleges that I have conceded that the Wrongful Death Act would not cover such a hypothetical. It is mistaken. I have made no such concession. We decide cases on the facts that are before us 125

SC-2022-0515; SC-2022-0579 The Chief Justice's special concurrence does not dispute that this will lead to fewer newborn babies. However, Chief Justice Parker insists that the IVF process may still survive in Alabama in some other form (for instance, he suggests: "one embryo at a time") because certain other countries have more regulations on their IVF processes. So. 3d at (Parker, C.J., concurring specially); id. at (stating that he fails to see that "IVF will now end"). In fact, he spends several pages - not hypotheticals. The main opinion also alleges that I have failed to discuss the "constitutional implications" of this hypothetical. So. 3d at n.3. Again, the reason is simple -- it is a hypothetical and we do not reach arguments or facts that are not before us, certainly not hypotheticals about technology that does not even exist. This Court would be in a position to address the alleged "constitutional implications" only if the following circumstances existed: (1) such an artificial womb existed, (2) it was actually used someday in the future, (3) a developing unborn infant was killed in an artificial womb, (4) the Wrongful Death Act had not been modified by the Legislature, (5) and we concluded that this created an Equal Protection Clause conflict. No such circumstances exist in the present appeals; I therefore see no need to address these hypothetical scenarios. See, generally, Ex parte Ankrom, 152 So. 3d 397, 431 (Ala. 2013) (Shaw, J., concurring in part and concurring in the result) ("Some of the arguments made ... are premised on hypothetical situations, different from the facts before us, in which the Code section might be either unconstitutional as applied or seemingly unwise in its application. It goes without saying that we cannot strike down the application of the Code section ... merely because the Code section might be unconstitutionally applied in some other context." (footnotes omitted)). 126

SC-2022-0515; SC-2022-0579 describing the regulations that currently exist in other countries and suggests that the Alabama Legislature may wish to consider those regulations. The Alabama Medical Association strongly disagrees with the suggestion that IVF in some other, reduced, form is practical, safe, or medically sound and has filed two amicus briefs exhaustively explaining these issues. It is not the place or time to decide whether the position of the Chief Justice or the position of the Alabama Medical Association is correct, moral, or ethical. It is not the place because these are questions for the Legislature and not this Court. And, even if this Court were the correct forum, it would not be the time because these appeals are at the motionto-dismiss stage and there is no factual record at this point. Therefore, no party has had the opportunity to investigate and respond to the assertions by the Chief Justice or the Alabama Medical Association. However, as to the Chief Justice's suggestion that the Legislature consider these issues immediately (including his suggestion that they consider comprehensive regulation), I strongly agree. II. The Plaintiffs' Negligence and Wantonness Claims Finally, the main opinion does not reach the plaintiffs' negligence 127

SC-2022-0515; SC-2022-0579 and wantonness claims because they are pleaded in the alternative and, instead, holds that those claims are now "moot." Because I would affirm the dismissal of the plaintiffs' wrongful-death claims, I must reach this issue. For the reasons stated below, I would reverse the trial court's dismissal of those claims. So. 3d at 128 The defendants are making a "catch-22" argument. Ashland, Inc., 970 So. 2d 755, 772 n.6 (Ala. 2007) (Harwood, J., dissenting) ("Catch-22: a frustrating situation in which one is trapped by contradictory regulations or conditions.' Random House Webster's Unabridged Dictionary (2d ed. 2001)."). On the one hand, the defendants claim that the frozen embryos are not a "minor child." On the other hand, they claim that because the frozen embryos were "lives," no common-law claim (such as claims of negligence or wantonness) is available because no "damages" are recoverable. I am concerned that such a rule might allow the destruction of life with no consequence, even for someone who commits an intentionally wrongful act. As explained by the plaintiffs, IVF is used by many parents-to-be in dire circumstances (for instance, because of reproductive issues caused by cancer, age, or infertility). Their frozen embryos are Cline v.

SC-2022-0515; SC-2022-0579 undeniably precious. Thus, this argument has the potential to be both unjust and to incentivize bad conduct. See Huskey, 289 Ala. at 54, 265 So. 2d at 597 (noting that not allowing a recovery "would give protection to an alleged tort-feasor"). However, I need not reach the question of exactly how our Court should handle this situation because it is too early in these cases. We are only at the pleading stage. The plaintiffs argue, under this Court's prior decision in Raley v. Citibanc of Alabama/Andalusia, 474 So. 2d 640, 642 (Ala. 1985), that the trial court's dismissal of their common-law tort claims in response to a Rule 12(b)(6), Ala. R. Civ. P., motion was improper. Under Raley, they argue, once a pleader has set out a cause of action, the failure of the complaint to allege requisite elements of relief (that is, damages) is not usually a ground for a motion to dismiss for failure to state cause of action but, rather, must be challenged by a motion to strike, by objection to evidence, or by requested charges. Accordingly, they contend that the trial court's dismissal of those claims is due to be reversed. "Alabama is a 'notice pleading' state." Surrency v. Harbison, 489 So. 2d 1097, 1104 (Ala. 1986) (citing Simpson v. Jones, 460 So. 2d 1282 129

SC-2022-0515; SC-2022-0579 (Ala. 1984)). Rule 8(a), Ala. R. Civ. P., provides: "(a) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief the pleader seeks. Relief in the alternative or of several different types may be demanded." "The primary purpose of notice pleading is to provide defendants adequate notice of the claims against them." Cathedral of Faith Baptist Church, Inc. v. Moulton, 373 So. 3d 816, 819 (Ala. 2022) (citing Adkison v. Thompson, 650 So. 2d 859 (Ala. 1994)). "'[P]leadings are to be liberally construed in favor of the pleader.'" Id. (quoting Adkison, 650 So. 2d at 862). As relevant here, "'the dismissal of a complaint is not proper if the pleading contains "even a generalized statement of facts which will support a claim for relief under [Rule 8, Ala. R. Civ. P.]" (Dunson v. Friedlander Realty, 369 So. 2d 792, 796 (Ala. 1979)), because "[t]he purpose of the Alabama Rules of Civil Procedure is to effect justice upon the merits of the claim and to renounce the technicality of procedure." Crawford v. Crawford, 349 So. 2d 65, 66 (Ala. Civ. App. 1977).'" Id. (quoting Simpson, 460 So. 2d at 1285). In their amended complaints, the plaintiffs alleged that the defendants' negligent and wanton conduct in failing to secure their respective facilities "led to and/or caused the destruction of the plaintiffs' 130

SC-2022-0515; SC-2022-0579 embryo[s]." As a result of that allegedly negligent and wanton conduct, the plaintiffs "demand[ed] judgment for compensatory damages, including but not limited to, [the] value of embryonic human beings …... and for the severe mental anguish ...." (meaning that they are seeking any valid compensatory damages). (Emphasis added). The defendants do not attempt to address this Court's prior decision in Raley, supra. They also do not ask that we: (1) revisit the pleading standard under Alabama law or (2) reconsider our decision in Raley. They also do not point to any caselaw in which we have affirmed a trial court's dismissal at the pleading stage based upon an argument that damages had not been properly pleaded. Based on Raley, supra, I would reverse the trial court's dismissal of the plaintiffs' negligence and wantonness claims. 131

What to Know About I.V.F.

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IMAGES

  1. New York University (NYU) Supplemental Essays Guide: 2021-2022

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  2. How to Write the NYU Supplemental Essay

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  3. 2022-23 New York University Supplemental Essay Prompt Guide

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  4. Write My NYU Supplemental Essay In 2022

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  6. Tips for Answering the NYU Supplemental Essay Prompt [2021

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COMMENTS

  1. Your Guide to the NYU Supplemental Essay

    Katie Hindman Senior Assistant Director of Admissions Application Tips As part of this year's first-year application, you'll have the option to answer a new NYU supplemental essay question. This year, we're asking something brand new:

  2. How to Write the NYU Supplemental Essay

    Judith Heuman, 2022 NYU Commencement Address "I encourage your discomfort, that you must contribute, that you must make your voice heard. That is the essence of good citizenship." Sherilynn Ifill, 2015 NYU Commencement Address "If you know how to fly but you never knew how to walk, wouldn't that be sad?"

  3. How to Write the NYU Essays 2023-2024

    Judith Heuman, 2022 NYU Commencement Address (250 words) Brainstorming Your Topic Although the framing is a little more particular, this prompt has similarities to two supplemental prompt archetypes: the "Global Issues" essay and the "Community Service" essay.

  4. How to Write the NYU Supplement 2022-2023

    August 1, 2022 How to Write the NYU Supplement 2022-2023 This post has been edited to reflect new information: NYU is one of the most popular colleges in the world - so much so that they even call themselves "the top dream school in the country." A little egotistical, but we digress.

  5. New York University (NYU) Supplemental Essays Guide: 2021-2022

    New York University (NYU) Supplemental Essays Guide: 2021-2022 Juliana Furigay New York University Not sure how to approach the "Why NYU" essay prompt? CollegeAdvisor.com's "Why NYU" Essay Guide will show you exactly how to write an engaging "Why NYU" essay to maximize your chances of admission.

  6. How to Succeed with the NYU Supplemental Essay 2022-2023

    You must take advantage of the NYU supplemental essay 2022-2023 in a way that will help admissions officers understand why you'd be a perfect fit for one of their campuses and academic programs. The overall acceptance rate at NYU is 12.2%, so you know the school is selective. Because NYU offers so many specialized programs, the demand for ...

  7. Why NYU? How to Write the NYU Supplemental Essay

    IvyWise KnowledgeBase How to Write the NYU Supplemental Essay Thursday, August 4, 2022 NYU has long been a top choice school for many students. New York University's application volume has now reached a new level. Last year, more than 100,000 students submitted applications, marking a new record for the college.

  8. How to Write the New York University (NYU) Supplement 2021-2022

    Tagged: supplements, college specific supplements. New York University is a private research university located in New York City, and is one of the largest private colleges in the US, with almost 30,000 undergraduates. NYU also receives a ton of admissions applications and has an acceptance rate of 16.2%. Known for the Tisch School of the Arts ...

  9. Tips for Answering the NYU Supplemental Essay Prompt [2021

    To offer some context for where you might stand: NYU's Fall 2020 acceptance rate was 21%. Although NYU offers one of the most flexible standardized testing policies (see NYU admission website for details), the average SAT scores are 738 for Math and 701 for Evidence-Based Reading and Writing. The average ACT score is 32.

  10. How to Succeed with the NYU Supplemental Essay 2021-2022

    You must take advantage of the NYU supplemental essay 2021-2022 in a way that will help admissions officers understand why you'd be a perfect fit for one of their academic programs. The overall acceptance rate at NYU is 12.8%, so you know the school is selective.

  11. NYU Admissions Counselors Tackle the 2023-24 Supplemental Essay

    Not to fear! Get a little inspiration from how NYU Admissions Counselors Jimmy Vazzana, Bridget Halstead, and Ayham Adawi interpret and answer this year's supplemental question. For more advice about the supplemental essay, read this article! Best of luck on submitting your application! NYU Supplemental Essay (Jimmy's Version)

  12. How to Write the New York University Essays

    New York University gives students the option to choose from six prompts to write a 250 word supplemental essay. Each prompt offers a quote from a notable alumni or commencement speaker. Students are asked to choose one of the quotes - or offer their own - and write about why it inspires them in just 250 words! Question 1

  13. First-Year Applicants

    Step 1: Start and Complete the Common Application Online The Common Application is required for students applying to any or all of NYU's three degree-granting campuses in New York, Abu Dhabi, or Shanghai. You'll be able to choose your campus (es) and program (s) of interest on the NYU-specific page of the Common Application. You'll need:

  14. NYU Supplemental Essay 2022-2023

    The NYU supplemental essay 2022-2023 asks you to reflect on your life, and which aspects of your life would benefit the greater NYU community.

  15. 2023-24 New York University Supplemental Essay Prompt Guide

    Judith Heuman, 2022 NYU Commencement Address "I encourage your discomfort, that you must contribute, that you must make your voice heard. That is the essence of good citizenship." Sherilynn Ifill, 2015 NYU Commencement Address "If you know how to fly but you never knew how to walk, wouldn't that be sad?"

  16. How to Write the NYU Supplemental Essay

    The 2022-2023 NYU Admissions Essay Prompt; ... If you're getting stuck while trying to complete the New York University (NYU) admissions process, you're not alone. ... How to Use the 3-Part Structure to Write Your Best NYU Supplemental Essay. Now that you understand what NYU is really asking of you in the prompt, and you have an idea of how ...

  17. NYU Supplemental Essays 2023-24 Prompt and Advice

    That was a record-breaking figure for the university (13% more than the previous year!), as was the all-time low acceptance rate of 8%. To put these numbers in proper context, consider for a moment that in 1991, NYU had an acceptance rate of 65%. ... 2023-2024 NYU Supplement Essays. This is a new prompt for the 2023-24 admissions cycle ...

  18. How to Respond to the 2023-2024 NYU Supplemental Essay

    Maria Geiger Updated: February 5th, 2024 New York University is located in the heart of the city that never sleeps, New York City! Due to its ideal location in the Big Apple, NYU has an acceptance rate of13%. Your NYU application will need to impress if you want to gain an education in NYC!

  19. NYU Essay Prompt

    New York University has released its supplemental essay prompt for the 2023-2024 admissions cycle. In addition to The Common Application 's Personal Statement, applicants to NYU are asked to respond to one optional 250-word supplemental essay — and it's a different one from years past.

  20. New York University

    Sanna Marin, Former Prime Minister of Finland, 2023 NYU Commencement Address. Option 5. "It's hard to fight when the fight ain't fair.". Taylor Swift, Change, Released 2008, 2022 NYU Commencement Speaker. Option 6. Share a short quote and person not on this list, and why the quote inspires you. Read our essay guide to get started.

  21. NYU Supplemental Essay Examples

    Essay Prompt #2: Describe a problem you've solved or a problem you'd like to solve. It can be an intellectual challenge, a research query, an ethical dilemma - anything that is of personal importance, no matter the scale. Explain its significance to you and what steps you took or could be taken to identify a solution.

  22. How to Write the New York University (NYU) Supplement 2023-2024

    Tell the story with as much detail as you can in 250 words. 2. "I encourage your discomfort, that you must contribute, that you must make your voice heard. That is the essence of good citizenship." Sherilynn Ifill, 2015 NYU Commencement Address. This one, as stated, is also very similar to the first one. The keywords here are "discomfort ...

  23. Supplemental Essay Guide for 2022-23 Prompts

    As a part of the 2022-23 college applications, Columbia University requires the following supplemental materials: 1 list of 75 words, 1 list of 125 words, 3 essays of 200 words each, and 1 short answer of 35 words. One of their supplemental essay prompts is as follows: For the following questions, we ask that you list each individual response ...

  24. Hard Lessons Make for Hard Choices 2 Years Into ...

    Western sanctions haven't worked. Weapons from allies are running low. Pressure may build on Kyiv to seek a settlement, even from a weakened position. By Steven Erlanger and David E. Sanger ...

  25. Poverty Has Soared in New York, With Children Bearing the Brunt

    In 2022, under the supplemental measure, a family of New York City renters made up of two adults and two children was considered below the poverty line if it made less than about $44,000.

  26. Read the Alabama Supreme Court's Ruling

    SC-2022-0515; SC-2022-0579 SC-2022-0579 Felicia Burdick-Aysenne and Scott Aysenne, in their individual capacities and as parents and next friends of Baby Aysenne, deceased embryo/minor V.