Tennessee Court to Consider Dismissing Abortion Ban Challenge and Blocking Sections of Law

Defense attorneys for Tennessee’s comprehensive abortion ban claimed on Thursday that doctors challenging the law are resisting oversight in making decisions about terminating pregnancies and are, inappropriately, not providing care to women with serious medical emergencies.

The Tennessee Attorney General’s office presented its arguments in an effort to convince a three-judge panel to dismiss a lawsuit seeking clarification on when abortion exceptions can be made in the state of Tennessee.

Seven women and two doctors have initiated a legal battle alleging that the current law violates pregnant patients’ right to life as guaranteed by the state constitution. They are requesting the judicial panel to specify the circumstances under which patients can legally receive an abortion, including cases involving fatal diagnoses.

While the judges cautioned attorneys not to read too deeply into their questions, one chancellor expressed skepticism as to whether they could clarify a law that was approved by the General Assembly.

Both sides presented their arguments to the three judges during a lengthy hearing on Thursday. The panel is expected to make a decision on whether to dismiss the case or temporarily block the abortion ban after reviewing the full case.

“Plaintiffs strongly believe, as do many in the medical profession, that they should not be subject to governmental scrutiny in their medical decision-making,” argued Whitney Hermandorfer on behalf of the attorney general’s office. “This has not been the case in the context of abortion.”

The Center for Reproductive Rights, representing the women and doctors, countered that the state’s abortion ban, written by the GOP-dominated General Assembly, is so broad and vague that doctors fear their decisions on performing abortions will be second-guessed, undermined, and could lead to career-ending charges.

Many of the women involved in the lawsuit attended the hearing on Thursday, at times wiping away tears as attorneys detailed their severe pregnancy complications and discussed the actions doctors should have taken in their individual cases.

One of the plaintiffs, Rebecca Milner, discovered she was pregnant with her first child in February 2023 after years of unsuccessful fertility treatments.

According to court documents, Milner was informed at her 20-week appointment that the amniotic fluid surrounding her baby was low. A specialist later determined that her water had broken several weeks earlier and that there was no way to save the baby.

However, her doctor, citing Tennessee’s abortion ban, said abortion services were prohibited in her situation because the ban only explicitly allows exemptions for ectopic pregnancies and miscarriages.

“Miss Milner went to Virginia for an abortion, and upon her return, she was diagnosed with sepsis,” Goldstein stated. “This was a result of the delay in receiving abortion care.”

The state’s legal team argued for the dismissal of the lawsuit, claiming that the plaintiffs lacked standing. Hermandorfer noted that the two doctors involved in the lawsuit were likely not at risk of prosecution because they worked in Nashville, where the district attorney had stated he would not prosecute abortion providers.

However, Chancellor Patricia Head Moska countered that the statement was not legally binding and that the state’s Attorney General could intervene and request a court to appoint a separate district attorney to pursue charges.