(NASHVILLE) The Tennessee Rights To Life group won an appeal dealing with a required waiting period prior to receiving an abortion.
On Friday (4/9/2021), the U.S. Sixth Circuit Court of Appeals granted the State of Tennessee's petition for an en banc appeal of an earlier decision by the Appeals Court to uphold the injunction against Tennessee’s 48-hour waiting period with regard to abortions. This will allow for the full panel of judges to decide on the merits of the case instead of the usual 3-judge panel.
In February, a panel of 3 judges upheld an injunction against the enforcement of the waiting period granted by the Federal District Court of Middle Tennessee. The State Attorney General then petitioned the Sixth Circuit to have the full panel review that 3-judge decision in hopes of overruling it. On Friday, the Court announced that the majority of its judges decided to grant the appeal.
Earlier this week, in another appellate maneuver, the Attorney General also petitioned for an emergency stay from the injunction from the U.S. Supreme Court and is currently awaiting the U.S. Supreme Court’s decision.
“This is an answer to many prayers and, hopefully, a sign that the majority of judges at the Sixth Circuit recognize the error of the injunction,” said Stacy Dunn, President of Tennessee Right to Life.
"The Appellate Courts have consistently upheld states' waiting periods, and we are hopeful that Tennessee's law will ultimately be upheld. We are grateful that the Court has decided to grant this en banc review, and we are grateful to Attorney General Herbert Slatery for vigorously defending Tennessee pro-life interests," Dunn continued.
Background:
Tennessee passed the 48-hour waiting period law in 2015. On June 25, 2015, abortion facility owner-operators filed suit against the Tennessee law. The complaint was filed in federal court by operators of Choices abortion facility in Memphis and owners of unlicensed abortion centers in Bristol and Nashville. New York-based Center for Reproductive Rights is representing the abortion facilities and Tennessee's Attorney General is defending the constitutionality of the protective laws.
The waiting period law was allowed to remain in effect during the court challenge from 2015 to October 14, 2020 when with complete disregard for the health and safety of Tennessee's women and unborn children, Senior United States District Judge Bernard A. Friedman permanently enjoined enforcement of Tennessee's 48-hour waiting period.
On November 4, 2020, Tennessee Attorney General, Herbert Slatery, filed a motion with the United States Sixth Circuit Court of Appeals asking for the law to remain in effect while being appealed to the Sixth Circuit Court of Appeals. In February, a three-judge panel upheld the injunction. The Attorney General petitioned for and was granted an en banc appeal of the February decision. The Attorney General has also asked for an emergency stay from the injunction from the U.S. Supreme Court and is awaiting that decision.
Link to court case history: https://www.tnrtl.org/pro_life_statutes
