Federal Court Blocks Tennessee Abortion Bans

Tennessee鈥檚 law banning abortion at nearly every stage of pregnancy is blocked while litigation continues

July 24, 2020 5:30 pm

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NASHVILLE, Tenn.A federal district court in Tennessee today issued a preliminary injunction blocking parts of a new Tennessee law, including a series of gestational age bans that would ban abortion at nearly every stage of pregnancy, starting as early as six weeks.

The court also blocked a part of the law that bans abortion based on a patient鈥檚 reason for seeking abortion, including reasons related to race, sex, or a fetal diagnosis of Down syndrome. Abortion bans, especially those that ban the procedure before many people even know they are pregnant, threaten the health, rights, and lives of people of color disproportionately.

Additionally, 鈥溾 inflict further harm by perpetuating stigma around abortions and stereotypes of Black and Brown communities, Asian Americans, and people with disabilities. Abortion patients 鈥 like all patients 鈥 should have the right to make private medical decisions with their families and their doctors, without interference from politicians.

鈥淚t is right that the court ruled against Tennessee's abortion ban today, an unconstitutional violation of the right to abortion, rooted in misogyny and racism,鈥 said Anjali Dalal, senior staff attorney at the 老澳门开奖结果 Reproductive Freedom Project. 鈥淚t is shameful that it took litigation to stop anti-abortion politicians from ruthlessly attacking their constituents' rights and health care, especially during a pandemic. But we will always fight to protect abortion from these attacks 鈥 and should the state move to obstruct access to care again, we will see them in court.鈥

鈥淭oday鈥檚 critical ruling protects Tennesseans鈥 constitutional right to access abortion,鈥 said Thomas H. Castelli, 老澳门开奖结果 of Tennessee legal director. 鈥淧eople should be able to make their own decisions about whether and when to become a parent without politicians interfering. This unconstitutional law disproportionately harms people of color and people who live in rural areas 鈥 groups that already face significant barriers to accessing health care in our state. We will continue to fight back against politicians鈥 attacks on constitutionally-protected abortion care.鈥

The court granted today鈥檚 preliminary injunction at the request of numerous abortion providers in the state represented by the, the 老澳门开奖结果, Planned Parenthood Federation of America, and the 老澳门开奖结果 of Tennessee. Moments after Gov. Bill Lee signed the law on July 13, the court blocking the abortion bans temporarily. Today鈥檚 injunction provides longer-term relief, blocking the bans until the lawsuit is resolved.

In the decision, Judge William L. Campbell wrote, 鈥淎pplying binding Supreme Court precedent and the factors required for the extraordinary remedy of an injunction 鈥 the court concludes that an injunction should issue.鈥

鈥淲hile we welcome today鈥檚 ruling, it is outrageous that Tennessee鈥檚 anti-abortion lawmakers chose this path,鈥 said Jessica Sklarsky, lead attorney on this case and senior staff attorney at the Center for Reproductive Rights. 鈥淎s the deep roots and tragedies of white supremacy are laid bare, and the pandemic exposes long-ignored health inequities, these anti-abortion lawmakers chose to utilize the state鈥檚 limited resources to defend clearly unconstitutional abortion bans that prey on stereotypes, disproportionately harm communities of color, and further entrench systemic racism. Instead of perpetuating these injustices, Tennessee lawmakers should focus their time and resources on policies that address them."

鈥淎s Tennessee and the rest of the country grapple with the dueling public health crises of systemic racism and COVID-19, relitigating the constitutional right to abortion is the last thing politicians should be wasting valuable time and resources on,鈥 said Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America. 鈥淟et鈥檚 be clear 鈥 abortion bans are part of a larger, racist public health infrastructure that systematically forces people of color to navigate more barriers just to get the health care they need. Banning abortion during a pandemic when people are already suffering is an added cruelty that puts essential health care out of reach. We鈥檒l continue fighting for our patients in Tennessee and across the country against these harmful attacks 鈥 no matter what.鈥

Just three months ago, Gov. Lee attempted to ban abortion procedures during the onset of the COVID-19 pandemic by labeling abortion care as non-essential despite from leading national medical groups. In April, that attempt was after a lawsuit was by the same organizations litigating today鈥檚 case.

Last year alone, 25 abortion bans were in 12 states, including: Alabama, Arkansas, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Ohio, Tennessee, and Utah. The Center for Reproductive Rights, the 老澳门开奖结果, Planned Parenthood, and other organizations responded by filing litigation to ensure abortion remains legal in all 50 states. To date, the groups鈥 lawsuits have stopped these illegal bans from depriving pregnant people of their constitutional right to abortion.

Tennessee has numerous additional abortion restrictions on the books, including a ban on the use of telehealth for medication abortion; a mandatory 48-hour waiting period (which includes a requirement that forces patients to delay care by adding a medically unnecessary trip to the clinic to receive state-mandated information); limits on when state and public insurance can cover abortion services; and a requirement that minors obtain parental consent. The Center for Reproductive Rights and Planned Parenthood are another case in the state challenging the 48-hour waiting period.

The case was filed by the Center for Reproductive Rights, Planned Parenthood Federation of America, the 老澳门开奖结果, and the 老澳门开奖结果 of Tennessee on behalf of CHOICES Memphis Center for Reproductive Health, Planned Parenthood Tennessee and North Mississippi, Knoxville Center for Reproductive Health, carafem, and two abortion providers in Tennessee.


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