♪ in vitro in jeopardy in alabama after a court ruled that frozen embryos are children. the state's largest hospital is pausing ivf treatments we're live as the controversy takes the national stage.

deadly shooting on the set of "rust" heads to trial, the case again the armorer under way with alec baldwin around the corner. boeing midair blowup leading to a company shake up. trouble on tap in minnesota, shocking moment a beer tank valve exploded and sent a worker smiling, now immortalized on the label. how beyonce's first rodeo at the top of the country charts is helping other artists buck stereotypes in the genre it is thursday february 22nd, "early today" starts now. confusion and frustration for ivf patients in alabama, the state's largest hospital has stopped all in vitro fertilization procedures while

they evaluate if the procedures up up their doctors and patients to prosecution the state supreme court ruled that embryos are children. >> i just want to be a mom and it's wild that i state that i called home has more say than i do right now i have no clue if it means i need to move to another state in order to have children >> the national infertility association saying this decision by uab is a horrifying signal of what's to come across the country. we're also getting reaction from the campaign trail. brie jackson joins us from south carolina where the republicans hold their primary saturday nikki haley has weighed in on the ruling what is she telling us >> reporter: that's right, good

morning richard. nikki haley spoke with nbc before the university of alabama's announcement about pausing treatments but haley was supportive of the ruling take a listen. >> i mean embryos to me are babies now when you see more women having trouble getting pregnant and more women doing artificial and in vitro, those are conversations we need to have, but also conversations we need women and doctors involved in the conversation to say how do we want to handle this going forward. >> reporter: voters in south carolina that i spoke with tell me women's health is a key issue into the 2024 election with just two days before the primary here in south carolina, the super pac backing nikki haley is encouraging south carolina democrats that did not vote in the february 3rd primary to get involved saturday

here in south carolina anyone can go to the polls on primary day but only vote in one primary. richard. >> thanks, brie. reproductive rights are a driving issue across the country in the 2024 race and democrats hope to capitalize on recent wins, one republican couple opening up about abortion saying their party should lead with compassion. stephanie gosk >> reporter: west point grad and purple heart recipient brown will be likely the republican candidate in swing state nevada. democrats are attacking. >> extremists that fought to strip away women's rights. >> reporter: in an interview, brown clarifying where he stands on abortion. >> i would not support a federal abortion ban. >> reporter: in nevada it's legal up to 24 weeks >> i'm not trying to change anything about our existing law. >> reporter: his position shaped he says by his wife's

experience. >> felt like i was all by myself processing this major event. all by myself. >> reporter: in 2008 at age 24, former army lieutenant amy brown got an abortion, a decision she regrets this she says left her shattered. soon after she met sam. >> he's helped me process with compassion and empathy >> reporter: the former army captain suffered severe burns in afghanistan. amy helped him recover and he was helping her. >> women should always feel loved, supported, part of the support is knowing that there are other options beyond abortion >> reporter: brown, like most republicans, supports the overturning of roe v. wade, a major political challenge and largely to blame for the

lackluster midterm results for the party. abortion is front and center again in this election. >> we need to care for women during and after pregnancy >> reporter: republicans in some places changing the message. stephanie gosk nbc news. president joe biden is considering make it harder for migrants to get asylum at the u.s./mexico border and quickly deport those who don't make the criteria making the interview harder to pass, prioritize deporting recently arrived migrant, last in, first out policy the actions are still weeks away from being finalized and an administration official stressed no final decision has been made. the state of alabama looking to carry out a second execution with the controversial use of nitrogen gas the attorney general asking the supreme court to set an execution date for alan eugene miller, convicted of killing three people in 1999, been on

death row since 2000 the request comes about a month after another alabama inmate, kenneth smith, was put to death with nitrogen gas in a first of its kind execution. jury selection under way in the trial against hannah gutierrez-reed, the armorer for the movie "rust," the central question is how a live round of ammunition found its way on the movie set, into a prop gun >> reporter: jury selection has started for the trial. she's on trial for involuntary manslaughter and tampering with evidence for allegedly handing off cocaine to a friend after the shooting >> i can't believe alec baldwin was holding the gun. >> reporter: two years since he fired a prop gun killing

cinematographer alen hutchins and injuring the director. >> i didn't pull the trigger somebody is responsible for what happened but it's not me. >> reporter: baldwin will stand trial this summer after a grand jury indicted him on one count involuntary manslaughter he's pleaded not guilty. >> here's what i got them out of >> reporter: the attorney saying she's ready for the day in court and looks forward to the full truth coming out she's not guilty of the crimes charged against her. evidence presented at trial could include video exclusively obtained by nbc news in november >> step back to your mark. >> reporter: as well as text messages prosecutors say show gutierrez-reed was using alcohol and drugs after work, including the night before the fatal shooting if convicted she faces three years in prison. this criminal trial is expected to take about two weeks, and i asked her attorney if she will take the stand he wouldn't answer

first responders and sheriffs on the scene in 2021 will be testifying back to you. >> thanks, chloe now to california, residents are reeling from weeks of relentless rain as we've been telling you. now it's wreaking havoc on homes, streets and water mains erosion is rapidly slacceleratig leaving homes in the balance southern california could lose up to two-thirds of its beaches by the year 2100 liz kreutz >> reporter: would you buy a home on the coast? >> probably not. not necessarily. i don't know where it's going to be 100 years from now. >> drier days are ahead. storm systems are moving into the northeast now. meteorologist angie lassman, what are we seeing

>> good morning. good news for friends out west, drier days ahead, into the weekend, we'll dry out there but now a storm system is working through parts of the midwest, soggy across michigan, ohio and indiana in the short term then it works east into portions of the appalachians, could see wintry mix and snow through parts of new england later today. tomorrow, we'll see the northeast, midatlantic, pick up additional rain and light snow, not that impressive, the system will kick out pretty quick, but we'll be left with winds with lake effect snow that's the best chance for snow. much different across st. louis and wichita, heading to the low 60s today, temperatures running 10, 15, close to 20 degrees above normal for this time of year little rock will head to the upper 70s. upper 50s for cincinnati, roanoke into the low 60s

continues tomorrow, not as intense warmth but above normal into friday. a bit of a cooldown into saturday, right back up to above normal in places like st. louis. 73 high monday low 70 clouds for new york, philadelphia and washington d.c. rain across portions of the interior northeast and the midwest. that's your forecast, richard, back to you. >> thanking so much. trouble on tap at a brewery in minnesota watch the surveillance video caught the moment a beer tank valve burst, shooting suds out, knocking over the employee, who managed to get up, tried to plug

it as beer gushed. the employee was not hurt, back channel brewing now named the ipa blow back. oof. the quadruple, whatever you want to call it "early today" is back with how boeing is changing course on the 737 max. makers of the stanley tumblers face a wave of lawsuits they say don't hold water. d wat. . dryness and frizz could be damaged hair that can't retain moisture. new pantene miracle rescue deep conditioner, with first-of-its-kind melting pro-v pearls... locks in moisture to repair 6 months of damage in one wash, without weigh down. guaranteed or your money back! for resilient, healthy-looking hair... if you know, you know it's pantene. (imitating chicken clucks) everyone wants to be the cadbury bunny.

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the leader of the unfortunate division in the commercial airplane business of boeing has been asked to step aside leaving the company after nearly 18 years the company says it's part of a wider move or shake-up of the commercial airplane division saying the changes aimed to improve quality and safety as the firm prepares to meet with regulators the situation is a massive stir for the company, even created doubts with regards to future deliveries as well other side of the scale, also you noted the stanley tumbler, the parent company is being sued at this point. this is all over claims it deceived customers over the presence of lead in its products the suit filed earlier this

month alleges the company itself, pacific market international, didn't tell consumers and publicly confirm the presence of lead in its products until january unfortunately they're about to find themselves in a sticky situation here it may take time before we get a final result. >> thanks for that reporting. still to come, you are not in kansas anymore, you're on pandora. the first look at the star-studded, action-packed adaptation of the "borderlands" video game after this. rlands" video game after this. relieve occasional bloating, plus vitamin b12 to aid digestion. try align probiotic. mom's gonna love this! alright kids come on. it's time for bed! ( ♪♪ ) good morning, mr. snuggles. make breakfast special with the cocoa

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>> that looks like it has everything cate blanchett, leading a group of treasure hunters to a planet filled with thieves, monsters and a lot of guns in the trailer for "borderlands." it hits the theaters august 9th. also happening on the planet called pandora. >> oh, i'm not familiar with the game. >> different. >> visually looks great. great cast looks to be good. >> i agree. >> also "snl's" latest host making sure his monologue is up to snuff check it out >> how come dogs are the only ones who get cool names. >> relatable. >> who likes impressions then you ever seen a horse, it's like -- then that's pretty much it, i'm about done with the monologue. >> great, i think it's right

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>> reporter: beyonce sending the beehive in utter chaos a far cry from her days as sasha fierce shifting from r&b roots as one of the lead vocals in destiny's child. with her single and release of "16 carriages" on the top ten, in a genre exclusionary for black artists. >> she's not the first black female in country music, but first to reach success in a short amount of time.

>> reporter: the most famous but not the first black woman to enter the country music scene. in 1969, groundbreaking singer linda martell became the first black woman to perform at the grand ole opry, cracking the top billboard charts beyonce's new feat amplifying black women already making strides in the world of country music ♪ known as one the duo, country's first black mother/daughter duo, springing from hip-hop royalty, wu-tang clan riza. >> both are storytelling genres, country is a street over for us. >> reporter: already making waves for representation through the industrial. >> i think the branding around

country is that it's not for black people so it was scary trying to figure out how do we do this and not compromise on who we are, be truly authentic to who we are. also make sure our culture doesn't get left behind. >> thanks for that, ellison. thanks for watching "early today. i'm richard lui, have a great thursday .

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