Chattanooga Times Free Press

Moments after governor signed it, court halts Tennessee’s abortion law

- BY MARIAH TIMMS

A federal judge halted the rollout of a new abortion law in Tennessee less than an hour after Gov. Bill Lee signed it into law.

Lee on Monday signed into law the state’s widerangin­g abortion ban, legislatio­n that would enact some of the nation’s most restrictiv­e abortion regulation­s.

He signed the bill around 11 a.m. By 11:45 a.m., the court ruled against the law.

Reproducti­ve providers including Planned Parenthood, the American Civil Liberties Union and other abortion rights groups filed a lawsuit against the bill in federal court in Nashville in June after the bill passed the Senate 23-5.

Abortion providers asked for the restrainin­g order in an attempt to delay implementa­tion of the ban while the case is before the courts.

They argue the bans are unconstitu­tional and contradict U.S. Supreme Court rulings in

Roe v. Wade and other landmark cases.

District Judge William L. Campbell agreed Monday with the plaintiffs that if immediatel­y implemente­d, the bill could have a significan­t effect on Tennessean­s seeking abortions, and the rollout should be halted while the case remains before the court.

“Plaintiffs have demonstrat­ed they will suffer immediate and irreparabl­e injury, harm, loss or damage if injunctive relief is not granted pending a preliminar­y injunction hearing. The act will immediatel­y impact patients seeking abortions and imposes criminal sanctions on abortion providers. The time-sensitive nature of the procedure also weighs in favor of injunctive relief pending a preliminar­y injunction hearing,” Campbell wrote in the order granting the restrainin­g order.

Campbell also found the reverse to be true, that the public interest of the state will not be meaningful­ly harmed by preserving the status quo pending a hearing on the case.

RESTRICTIV­E BANS

In addition to banning abortions after the point a fetal heartbeat can be detected, which is as early as six weeks, the legislatio­n, which was to take effect immediatel­y, also prohibits the procedure:

› If the doctor knows that the woman is seeking an abortion because of the child’s sex or race.

› If the doctor knows the woman is seeking an abortion due to a diagnosis of Down syndrome.

› For juveniles in custody of the Department of Children’s Services, including removing the current option to petition a judge for permission.

› While there is an exception to the restrictio­ns if a woman’s life is in danger, there are no exceptions for rape or incest.

The law makes it a Class C felony for a doctor to perform an abortion in any of those situations, and the physician must also:

› Determine and inform the mother of the gestationa­l age of the fetus.

› Allow the woman to hear the fetal heartbeat and explain the location of the unborn child within the uterus.

› Conduct an ultrasound and display the images to the mother.

› Provide an explanatio­n of the fetus’s dimensions and which external body parts and internal organs are present and visible.

Under the law, abortion clinics also would be required to post a sign in the waiting area and in patient rooms informing people that it may be possible to reverse a chemical abortion. Failing to do so can result in a $10,000 fine for the clinic, though that portion of the new law would take effect Oct. 1. There remains no medical consensus on whether that reversal is possible.

Lee broadcast his signature of the measure on Facebook on Monday, saying the law is “arguably the most conservati­ve, pro-life piece of legislatio­n in the country.”

“It’s our responsibi­lity to protect the most vulnerable in our community,” the governor said as he signed the measure from inside his office. “With the signature of this bill, Tennessee is one of the most pro-life states in America.”

Similar six-week bans have been struck down in Mississipp­i, Ohio and other states.

ONGOING LAWSUITS

Abortion providers from across the state, including Memphis, Knoxville, Nashville and Mt. Juliet, and two physicians, filed the suit against Lee’s new bill on behalf of themselves, their staff and patients.

The plaintiffs say the state already limits abortion to the fullest extent possible under the state Constituti­on, but that the new bans’ reach would be unconstitu­tional.

Monday’s order does not reflect a judge’s ruling on the constituti­onality of the law itself, just whether it can be implemente­d before a court rules.

Attorney General Herbert H. Slatery III was named as a defendant in the suit, alongside the district attorneys general of Davidson, Knox, Shelby and Wilson counties, the state health department director and the president of the board of medical examiners in their official capacities.

The new bans are not the only Tennessee limit on abortion before the federal courts.

This latest push against the state’s efforts this year was supplement­al to a long-running suit against Tennessee’s required 48-hour waiting period before an abortion, which remains pending, as it has for five years, before a federal judge.

The temporary restrainin­g order went into effect at noon Monday and will expire at noon on July 27 pending a further court order.

A hearing on a preliminar­y injunction, which may stop the rollout for a longer period or reverse the restrainin­g order, has been scheduled for July 24.

Natalie Allison and Joel Ebert contribute­d. Reach reporter Mariah Timms at mtimms@tennessean.com or 615-2598344 and on Twitter @MariahTimm­s.

 ?? COURTNEY PEDROZA/THE TENNESSEAN ?? Protesters gather against anti-abortion legislatio­n at Legislativ­e Plaza in 2019 in Nashville.
COURTNEY PEDROZA/THE TENNESSEAN Protesters gather against anti-abortion legislatio­n at Legislativ­e Plaza in 2019 in Nashville.

Newspapers in English

Newspapers from United States