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
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.
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.
‘Heartbeat bill’ sent to summer study
Senate Speaker Randy McNally (R-Oak Ridge), center, attends an economic development announcement in Nashville. At left is Gov. Bill Lee and on the right is House Speaker Glen Casada (R-Franklin). (Erik Schelzig, Tennessee Journal).
The Senate Judiciary Committee has decided to punt on a bill seeking to ban abortions in Tennessee once a fetal heartbeat is detected. The House passed the measure in a floor vote, but the Senate decided not to proceed over concerns about a successful legal challenge.
Here’s what Senate Speaker Randy McNally (R-Oak Ridge) had to say after the committee action on Wednesday:
I fully support the deliberative approach the Judiciary Committee is taking on the Heartbeat Bill. As someone who believes life begins at conception, I support the bill philosophically. But constitutionally, as Tennessee Right to Life points out, the bill is flawed in its current form. Amendment One put the abortion industry on the ropes in Tennessee. We have done all we can to defund Planned Parenthood. We have put in place reasonable restrictions to help prevent abortion. Passing a constitutionally suspect bill now would give the courts an opportunity to erase the progress we have made. And a losing court fight would likely result in awarding taxpayer money to Planned Parenthood. Protection of the unborn is too important to risk taking a step backward. I appreciate the sponsor bringing this legislation. It deserves the best possible chance for success. But that chance can only be achieved by careful study.
