6th circuit

6th Circuit clears way for ‘Heartbeat Bill’ to take effect in Tennessee

The 6th Circuit U.S. Court of Appeals has vacated a district judge’s injunction of Tennessee’s “Heartbeat Bill” enacted in 2020.

Here’s the release from state Attorney General Herbert Slatery’s office:

Nashville- Attorney General Herbert H. Slatery III issued the following statement after the full Sixth Circuit Court of Appeals unanimously vacated the district court’s injunction of the timing provisions in the Tennessee “Heartbeat Bill” in Memphis Center for Reproductive Health v. Slatery.

“Tennesseans, through their elected representatives, passed the “Heartbeat Bill” in 2020,” said General Slatery. “With today’s unanimous decision from the full Sixth Circuit, the timing provisions prohibiting most abortions are now enforceable.” 

It is now illegal in Tennessee to abort an unborn child who has a heartbeat.  Specifically, the Heartbeat Bill protects unborn children at 6 weeks gestational age who have a heartbeat, and it also protects unborn children at 8 weeks gestational age or older.  These provisions in the Heartbeat Bill have an affirmative defense for medical emergencies.

Additionally, and in connection with a separate statute (Tennessee’s Human Life Protection Act, generally known as the Trigger Act), General Slatery will notify the Tennessee Code Commission that the U.S. Supreme Court overturned the Roe and Casey decisions in Dobbs v. Jackson Women’s Health Organization. He will do this when the Supreme Court issues its judgment in Dobbs, which should occur no later than mid-July. Thirty days after that, Tennessee’s Human Life Protection Act will come into effect and take precedence over the Heartbeat Bill. Thus, around mid‑August, Tennessee’s Human Life Protection Act will prohibit the abortion of unborn children after fertilization. This law has an affirmative defense when necessary to save the mother’s life or to prevent irreversible impairment of a major bodily function.

To read the Order along with this Office’s Emergency Motion and Reply, click here: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-21-motion-reply-order.pdf

6th Circuit restores Tennessee’s waiting period for abortions

Tennessee’s 48-hour waiting period for abortions has been reinstated in an en banc decision by the 6th Circuit.

See a release from state Attorney General Herbert Slatery’s office below:

Nashville- Today the full Sixth Circuit Court of Appeals held that Tennessee’s 48-hour waiting period for abortions is constitutional. The Court’s ruling reverses the district court’s decision in Bristol Regional Women’s Center v. Slatery.

In its opinion, the Court recognized that, “before making life’s big decisions, it is often wise to take time to reflect. The people of Tennessee believed that having an abortion was one of those decisions. So they passed a law requiring a waiting period of 48 hours.”

“The Sixth Circuit’s decision is gratifying for several reasons,” said Attorney General Herbert H. Slatery III. “First, the result: a law passed by our representative lawmakers and signed by the Governor five years ago—yes, five years ago—is constitutional. It has been on the books a long time. The Court concluded that, during this time, the 48-hour waiting period has not been a substantial obstacle to getting an abortion in Tennessee. Second, the opinion was a reasoned analysis of the law and the lack of proof offered by the plaintiffs, rather than a decision based on policy. Also, this ruling comes after the full Court reconsidered an earlier decision by a three-judge panel of the same Court.”

To read the ruling, click here:https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2021/pr21-26-opinion.pdf