abortion

Another provision of TN abortion law blocked in federal court

Gov. Bill Lee speaks at a press conference announcing his sweeping bill seeking to ban most Tennessee abortions in Nashville on Jan. 23, 2020. (Erik Schelzig, Tennessee Journal)

Another provision of Tennessee’s sweeping anti-abortion law has been blocked in federal court. U.S. District Judge Chip Campbell, a Trump appointee, put a hold on a requirement that would have gone into effect on Thursday to require patients be informed about “abortion reversal.” He previously blocked other elements of the law seeking to ban most abortions once a fetal heartbeat is detected.

The plaintiffs argued the law would violate abortion providers’ First Amendment rights by requiring them to convey “scientifically unsupported and misleading information.” Campbell said he was unable to fully assess competing expert opinions about whether such reversals are possible, but said he plans to hear what expert witnesses have to say on the matter during a hearing scheduled for Oct. 13.

But Campbell said he did not have to wait to find one aspect of the law misleading: A requirement for the state Department of Health to post information about the reversal of chemical abortions on its website within 90 days of the law going into effect, meaning there would be up to three-month delay between when such signage had to be posted and when information must be made available. No details had yet been posted on the Health Department site as of Tuesday, Campbell said.

Continue reading

Hagerty gets Right to Life endorsement

Republican U.S. Senate nominee Bill Hagerty appears at a Republican event in Franklin on Aug. 8, 2020 (Erik Schelzig, Tennessee Journal)

The National Right to Life Committee has endorsed U.S. Senate candidate Bill Hagerty following his Republican primary win last week. The move comes as a bit of a surprise because Hagerty has expressed support for keeping access to abortions to women who are victims of incest or rape and for mothers whose pregnancies put their lives in danger. A similar position by U.S. Sen. Marsha Blackburn has long kept the Brentwood Republican from gaining the Right to Life endorsement.

Here’s the release from the Hagerty campaign:

Nashville, TN — Today, Bill Hagerty, Republican nominee for U.S. Senate, announced the National Right to Life Committee endorsed Hagerty to serve in the U.S. Senate.

“As a Christian conservative and a father of four children, I know just how precious the right to life is, and I am humbled to have the support of the National Right to Life Committee,” said Bill Hagerty. “Radical Democrats, led by Chuck Schumer, Nancy Pelosi, and Joe Biden, seek to implement their socialist agenda that includes abortion funded by taxpayers for any reason up to and even after the moment of birth. As your Senator, I will be a voice for the voiceless, fight for pro-life legislation including the Pain-Capable Unborn Child Protection Act, and work to defund Planned Parenthood once and for all.”

“National Right to Life is pleased to endorse Bill Hagerty for election to the U.S. Senate, to represent the state of Tennessee,” said Carol Tobias, National Right to Life Committee President. “Bill is a strong advocate for life. All Tennessee voters who are concerned with the right to life and with the protection of the most vulnerable members of the human family should vote to send Bill to the Senate, so that he can work to advance vital pro-life public policies.”

National Right To Life Committee joins the Susan B. Anthony List in supporting Bill Hagerty for Senate.

Sethi blasts ruling by Trump-appointed judge who is son of RNC member

It didn’t take Republican U.S. Senate candidate Manny Sethi long to blast a federal judge in Nashville for issuing a temporary restraining order against enforcement of the new abortion ban Gov. Bill Lee signed into law on Monday.

According to Sethi, “an activist judge barely waited until the ink was dry to promote his own pro-choice view.”

There’s two problems with Sethi’s logic. First, U.S. District Judge Chip Campbell was appointed by President Donald Trump and confirmed by the Senate on a 97-0 vote. And second, Campbell’s mother, Beth Campbell, is a Tennessee representative on the Republican National Committee and served as host to a Sethi fundraiser in Nashville in September.

Sethi wasn’t alone in in criticizing the judge. Rival Republican candidate Bill Hagerty also spoke out against the ruling.

Tenn. abortion ban in effect for less than an hour before it is halted

The House meets at the state Capitol in Nashville on June 1, 2020. (Erik Schelzig, Tennessee Journal)

A federal judge on Monday granted an temporary restraining order against enforcing Tennessee’s sweeping abortion ban less than an hour after Gov. Bill Lee signed it into law.

U.S. District Judge Chip Campbell, an appointee President Donald Trump, found  “plaintiffs have demonstrated a strong or substantial likelihood of success on the merits of their claims that the restrictions …  are unconstitutional under current law.”

“Like the Seventh, Eighth, and Fifth Circuits, this Court is bound by the Supreme Court holdings prohibiting undue burdens on the availability of pre-viability abortions,” he wrote in the ruling.

Read the order here.

The bill seeking to ban abortions once a fetal heartbeat is detected passed in a last-minute deal between the House and Senate the night the General Assembly adjourned for the year.  If any part of the bill was found to be unconstitutional, the law seeks to impose successive abortion bans eight, 10, 12, 15, 18, 20, 21, 22, 23 and 24 weeks of gestation. That “ladder” approach didn’t appear to keep most of the law from being enjoined.

 

Abortion law must take effect before judge considers injunction

The Tennessee Senate meets on June 1, 2020. (Erik Schelzig, Tennessee Journal)

U.S. District Judge Chip Campbell says he won’t decide about whether to impose an emergency injunction on sweeping abortion restrictions passed by the General Assembly until Gov. Bill Lee signs the legislation into law.

Despite earlier assurances that the Senate wouldn’t take up the abortion bill in its return from a 75-day coronavirus hiatus, the chamber abruptly brought the measure up for a vote after midnight on the last night of the session. It passed 23-5 in the Senate and 70-20 in House.

Neither House Speaker Cameron Sexton (R-Crossville) nor Senate Speaker Randy McNally (R-Oak Ridge) has yet signed the engrossed bill. Once that occurs, the governor has 10 days, excluding Sundays, to sign,  veto, or allow the bill to become law without his signature. Lee, who originally proposed the measure, is expected to sign the bill quickly once it reaches his desk.

The bill seeks to enact a nearly universal abortion ban once a fetal heartbeat is detected. If successfully challenged in court, the bill seeks to automatically impose successive abortion bans eight, 10, 12, 15, 18, 20, 21, 22, 23 and 24 weeks of gestation.

Planned Parenthood, the Center for Reproductive Rights, and the American Civil Liberties Union filed a federal lawsuit seeking to block the law the same day the bill gained final approval in the General Assembly.

The plaintiffs asked Judge Campbell to take up their motion for an emergency temporary restraining order without waiting for the state to file its response, which is due by Friday. Campbell said he won’t rule on the injunction until the bill has been signed into law and that he will consider the state’s response if it is filed by the time the governor puts his signature on the bill.

Tennessee abortion law to be challenged before Trump-appointed judge

The House meets at the state Capitol in Nashville on June 1, 2020. (Erik Schelzig, Tennessee Journal)

When Tennessee Republican lawmakers passed a sweeping abortion ban last week, it was the the expressed hope the measure could be used to challenge precedent set by the U.S. Supreme Court’s Roe v. Wade decision of 1973. A legal challenge filed in federal court in Nashville this week provides an early test as the case has been assigned to U.S. District Judge Chip Campbell, whom President Donald Trump appointed to the bench in 2017.

Campbell was a business litigator with Frost Brown Todd before becoming a judge. He is the son of Republican National Committee member Beth Campbell and husband of Anastasia Campbell, the co-director of the General Assembly’s office of legal services.

Unlike some of Trump’s more controversial nominees, Campbell received a “Well Qualified” rating from the American Bar Association. The Senate voted 97-0 to confirm Campbell in January 2018.

It’s over: Lawmakers adjourn after strangely frantic end of session

The state Capitol was closed to visitors on March 16, 2020. (Erik Schelzig, Tennessee Journal)

A bizarre legislative session came to a close in the early hours of Friday. A last-minute deal to pass a sweeping  abortion ban caused the House and Senate to drop disagreements over the budget and wrap up their businesses.

The surprise nature of the decision to take up the bill after midnight (and behind closed doors) in the Senate, where leaders had earlier declared  it would not be taken up this year, is only likely to fuel legal questions about the measure.

 

Emergency lawsuit filed against Lee’s ban on abortions amid coronavirus pandemic

Reproductive rights advocates have filed an emergency lawsuit challenging Gov. Bill Lee’s executive order that included abortions among banned non-emergency health procedures to ensure medical equipment and resources were reserved for the coronavirus response.

The federal lawsuit was filed by the Center for Reproductive Rights, Planned Parenthood Federation of America, and the American Civil Liberties Union.

“This would be like any other non-essential procedure,” Lee told reporters last month when asked about the abortion ban. “It would be treated the same, and my expectation and belief and certainly my expectation is that no non-essential procedures would be performed in the state during the crisis and during this time we need all of those supplies to be used on the frontlines of protecting citizens.”

Attorney General Herbert Slatery’s office told the Associated Press at the time that he stands “ready to defend the actions of the executive branch in enforcing Executive Order 18.”

Lee has announced that his statewide measures regarding nonessential activity, including elective medical procedures, will be extended through the end of this month.

Here’s the full release from the groups challenging the abortion ban in court:

NASHVILLE, Tenn. – Today, a Tennessee order effectively banning abortion procedures in the state was challenged by the Center for Reproductive Rights, Planned Parenthood Federation of America, the American Civil Liberties Union and the American Civil Liberties Union of Tennessee. The April 8 order, issued by Tennessee Governor Bill Lee in response to the coronavirus (COVID-19) pandemic, limits “non-emergency” health care procedures and bars people from getting a procedural abortion. Patients who are less than 11 weeks pregnant are still permitted to obtain medication abortions in the state.

Tennessee is not the first state to restrict abortion care during the COVID-19 pandemic. The Center for Reproductive Rights, Planned Parenthood Federation of America, the ACLU, and other allies have filed lawsuits in multiple states. In Texas, most abortions are currently prohibited, and providers have asked the Supreme Court to intervene on an emergency basis. Court decisions allowing abortion care to continue have occurred in Alabama, Ohio and Oklahoma.
Statement from Hedy Weinberg, executive director of the ACLU of Tennessee:

“While we must all do our part to protect our communities from the spread of COVID-19, the actions our state government takes must be driven by science and public health, not politics. The COVID-19 crisis cannot be used to prevent women from obtaining abortions. Abortion is time sensitive and essential, and is not an elective procedure. You cannot just press pause on a pregnancy. During this pandemic, women must still have access to a full spectrum of reproductive health care, including abortion, to protect their health.”

Statement from Nancy Northup, President & CEO of the Center for Reproductive Rights:

“We have filed this case to protect the constitutional rights of women in Tennessee who need access to essential, time-sensitive abortion care. All signs indicate that this crisis will not be over soon, and patients cannot wait until it is. Leading medical experts have been clear that COVID-19 responses should not ban abortion care.”

Statement from Ashley Coffield, President & CEO of Planned Parenthood of Tennessee and North Mississippi:

“My heart goes out to everyone who is facing unexpected healthcare and economic challenges due to the COVID-19 pandemic, including those seeking abortion. Abortion care cannot wait. Unlike some medical procedures, delays or additional barriers to care can make it impossible for patients to access safe, legal abortion. This will undoubtedly disproportionately impact people who are already vulnerable—black people and other communities of color, young people, the LGBTQ community, and those with low-incomes—just as we’re seeing it unfold now with COVID-19 infections, due to systemic disparities they face every day. These folks are making difficult decisions about how to pay their bills and care for their families during a pandemic—they should not be forced to continue a pregnancy against their will, too.”

Statement from Rebecca Terrell, Executive Director of CHOICES Memphis Center for Reproductive Health:

“It’s common sense that abortion is time sensitive. Our patients cannot wait until this pandemic is over. They are panicking and many have no idea when or if they’ll be able to have an abortion. Patients are now being forced to travel out of state, which will only harm efforts to contain the spread of the virus. There is no sense in denying them abortion care here in their own communities.”

Statement from Corinne Rovetti APRN-BC, co-director of the Knoxville Center for Reproductive Health:

“While we healthcare providers take COVID-19 concerns seriously, doing everything known to reduce the spread of the virus, we are also committed to ensuring that pregnant individuals during a worldwide pandemic can still access essential, time-sensitive and safe abortion care. Under normal circumstances, it is disturbing to find oneself unexpectedly pregnant when one is not financially, emotionally or otherwise ready to parent. These concerns become intensely magnified during the current pandemic crisis when people are already dealing with social and economic severity. Delaying access to care is not an option. Pregnant people need to be able to rely on care by compassionate and competent medical providers immediately.”

The lawsuit filed today argues that Tennessee’s order effectively bans abortion in the state for many women, violating Roe v. Wade and nearly 50 years of Supreme Court precedent protecting a woman’s right to liberty and autonomy under the Fourteenth Amendment. The lawsuit also argues that forcing women to travel out of state for abortion care, or to carry an unwanted pregnancy to term and give birth, will increase the risk of spreading COVID-19 and undermine the state’s asserted goal of preserving medical resources and limiting person-to-person encounters.

Leading medical organizations like the American College of Obstetricians and Gynecologists (ACOG) and the American Medical Association (AMA) have opposed these attempts to restrict abortion during the pandemic. Both groups filed an amicus brief in the case challenging Texas’s COVID-19 abortion ban, stating: “Indeed, the Governor’s order is likely to increase, rather than decrease, burdens on hospitals and use of PPE. At the same time, it will severely impair essential health care for women, and it will place doctors, nurses, and other medical professionals in an untenable position by criminalizing necessary medical care.”

Tennessee also bans the use of telehealth for medication abortion — a tool that could greatly expand access and reduce in-person contact. Other abortion restrictions in Tennessee include: a mandatory 48-hour waiting period (which includes a requirement that patients make an additional, 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.

This lawsuit was filed by the Center for Reproductive Rights, Planned Parenthood Federation of America, the ACLU, the ACLU of Tennessee and pro-bono counsel Kramer Levin. Plaintiffs in the case are CHOICES Memphis Center for Reproductive Health, Knoxville Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Adams & Boyle P.C, and Dr. Kimberly Looney.

The full complaint is available here: https://www.aclu-tn.org/wp-content/uploads/2020/04/230-01-Supplemental-Complaint.pdf

Lee to introduce sweeping bill to restrict abortions in Tennessee

Gov. Bill Lee speaks at a press conference about his plan to introduce sweeping legislation to restrict access to abortions in Tennessee. (Erik Schelzig, Tennessee Journal)

Gov. Bill Lee is proposing a sweeping bill aimed at restricting access to abortions in Tennessee. The bill would ban most abortions once a fetal heartbeat is detected and would require women to undergo an ultrasound before seeking to terminate a pregnancy.

The bill includes a “ladder” approach of severerability clauses to that would keep provisions of the law in place if certain components are thrown out in court. For example, if the heartbeat provision doesn’t pass muster, the state could enact a ban at eight weeks, ten weeks or 12 weeks, depending what stands up in court.

Here’s the release from the governor’s office:

NASHVILLE, Tenn. – Today, Gov. Bill Lee announced that he will submit comprehensive pro-life legislation to the Tennessee General Assembly this year, including the prohibition of an abortion where a fetal heartbeat exists. This legislation would make Tennessee one of the most pro-life states in the country.

“I believe that every human life is precious, and we have a responsibility to protect it,” said Gov. Bill Lee. “Today, Tennessee is taking a monumental step in celebrating, cherishing, and defending life at every stage. I’m grateful to be joined by so many leaders in our state who are boldly standing up for our most vulnerable.”

This legislation would build upon successes in other states while incorporating innovative approaches to enhance existing law, including provisions such as:

  • Prohibiting an abortion where a fetal heartbeat exists;
  • Requiring a mother to undergo an ultrasound prior to an abortion;
  • Prohibiting an abortion where the physician is aware that the decision to seek an abortion is motivated by the race, sex, or health or disability diagnosis of the unborn child. 

To protect against legal challenges, the new law would also include a creative “ladder” provision, modeled after Missouri law, of sequential abortion prohibitions at two-week gestational age intervals, along with severability clauses for each step of the ladder.

Continue reading

Pody wants to recall ‘Heartbeat Bill’ to Senate floor

State Sen. Mark Pody wants the Senate to overrule a decision by its Judiciary Committee to send an anti-abortion bill to be studied after the session has adjourned for the year. The Lebanon Republican wants the full chamber to vote on the measure seeking to ban most abortions once a fetal heartbeat is detected.

Pody has filed paperwork with the Senate clerk to hold a recall vote as soon as the next floor session on Wednesday. It would take 17 votes for the measure to get a floor vote as early as next week.

UPDATE: Pody didn’t make the motion during Wednesday’s floor session, but could do so at any time.

The House passed the so-called “Heartbeat Bill” earlier this session. But the Senate agreed with Tennessee Right to Life’s assessment that the measure was likely to lose in a court challenge and that a better approach would be to set a ban of most abortions in Tennessee that would “trigger” in the event the U.S. Supreme Court overturns all or part of Roe v. Wade.

A House subcommittee killed the trigger bill, while the heartbeat bill languished in the Senate. The impasse created the very real possibility that both bills might be defeated for the year. But the House reconsidered when Rep. Ron Gant (R-Rossville) last week made the motion to revive the trigger measure by pulling it directly to the full Health Committee. That recall required a majority of all eligible voting members in the committee (including the House speaker). In the case of the Health Health panel, the minimum threshold was 11 votes. The recall received 12, so it will be on this week’s calendar.

Pody’s version of the heartbeat bill was sent to summer study on a 5-3 vote, with Senate Speaker Randy McNally (R-Oak Ridge) voicing strong support for the move.