Chattanooga Times Free Press

State AG: Heartbeat bill ‘constituti­onally suspect’

Pending legislatio­n would prevent abortion if doctor detects fetal heartbeat during ultrasound procedure

- BY ANDY SHER

NASHVILLE — Tennessee Attorney General Herbert Slatery says a bill seeking to outlaw abortions if a fetal heartbeat is detected is “constituti­onally suspect.”

The opinion was rendered Wednesday as a bill to make abortions illegal in cases where a physician detects a heartbeat after a mandatory ultrasound in non-medical emergency situations was delayed a week in a House panel amid concerns.

“Recent judicial decisions support the conclusion that the proposed legislativ­e prohibitio­n upon pre-viability abortions after detection of a fetal heartbeat is constituti­onally suspect,” Slatery wrote, citing a case involving a similar North Dakota law.

But the opinion also noted that other proposed changes to Tennessee law are constituti­onally defensible, including the requiremen­t that women, absent a medical emergency, be required to undergo an ultrasound.

The bill, sponsored by Rep. Micah

Van Huss, R-Gray, was up in the House Civil Justice Subcommitt­ee on Wednesday.

Tennessee Right to Life President Brian Harris testified against the bill, warning that although he personally supports such measures, his concern is the law would be found

unconstitu­tional, wind its way through the federal court system, and ultimately result in an adverse decision on the fetal heartbeat measure and other abortion-related laws.

“Running legislatio­n that is documented to be unconstitu­tional by the Supreme Court is not a good use of our time,” Harris said, according to The Tennessean.

On Thursday, Van Huss was dismissive of Slatery’s opinion, noting although he had yet to read it, “I passed a couple of bills since I’ve been here where he issued his opinion. I don’t care what his opinion is. It’s just that, an opinion.”

But Lt. Gov. Randy McNally, the Republican Senate speaker, also on Thursday said although he hasn’t read Slatery’s legal opinion, the lawmaker who sought Slatery’s advice, Senate Judiciary Committee Chairman Brian Kelsey, R-Germantown, gave him a brief update about it.

McNally essentiall­y is backing Harris’ view that attempting to plow new ground at this point on abortion laws is risky.

“What we wouldn’t do is pass a statute that puts some of our other laws in danger,” he said.

Tennessee Right to Life, the state’s leading anti-abortion organizati­on, fought successful­ly to gut a 2000 Tennessee Supreme Court ruling that found the state’s constituti­on contains a greater right of privacy than that the U.S. Supreme Court cited in its landmark Roe v. Wade decision.

The group and allies in 2014 pushed an amendment to the Tennessee Constituti­on that was approved by voters. It says in part that “Nothing in this Constituti­on secures or protects a right to abortion or requires the funding of an abortion.”

Since then, the Republican-controlled General Assembly has passed restrictio­ns with a careful eye on what federal courts will allow.

 ??  ?? Herbert Slatery
Herbert Slatery

Newspapers in English

Newspapers from United States