Court Blocks Tennessee’s COVID-19 Ban on Most Abortions

Federal court says Tennessee abortion providers can resume procedures, blocking the state’s order restricting abortions during the pandemic.

Affiliate: ACLU of Tennessee
April 17, 2020 8:30 pm

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NASHVILLE, Tenn. — At the request of the Center for Reproductive Rights, Planned Parenthood Federation of America, the American Civil Liberties Union, and the American Civil Liberties Union of Tennessee, a federal district court in Tennessee granted an emergency motion today, allowing clinics to resume procedural abortions during the COVID-19 pandemic. The decision comes after Gov. Bill Lee issued a state order limiting “non-emergency” health care procedures. That order banned all abortions other than medication abortions (which involve taking pills and are only available until 11 weeks of pregnancy), despite leading national medical groups agreeing that abortion procedures are essential and time-sensitive.

In his decision, Judge Bernard Friedman wrote, “Moreover, abortion is a time-sensitive procedure. Delaying a woman’s access to abortion even by a matter of days can result in her having to undergo a lengthier and more complex procedure that involves progressively greater health risks, or can result in her losing the right to obtain an abortion altogether. Therefore, plaintiffs have demonstrated that enforcement of EO-25 causes them irreparable harm.”

“Forcing people to remain pregnant against their will is cruel and unsafe at any time, and all the more so during a pandemic,” said Julia Kaye, staff attorney at the ACLU Reproductive Freedom Project. “This is a critical victory in the fight to keep abortion accessible in Tennessee, and we will not stop until the state’s harmful actions are blocked once and for all.”

“Women in Tennessee can breathe a sigh of relief for now, knowing abortion procedures are available again in their home state,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “Today’s ruling in Tennessee joins those from courts across the country that have blocked these abuses of emergency powers. Women cannot wait until the pandemic is over to access abortion care, and we will continue fighting to make sure they can.” 

“Let’s be clear: Abortion is essential, it’s time-sensitive, and it cannot wait. Though this is good news for our patients today, we should never have had to go to court to defend their health care access. A pandemic is a time to expand health care, not an excuse to take it away,” said Alexis McGill Johnson, acting president and CEO of the Planned Parenthood Federation of America. “Planned Parenthood is here for the patients and communities we serve in Tennessee, and we won’t back down when it comes to protecting our patients.”

Since the beginning of the COVID-19 outbreak, many states have attempted to ban or limit abortion. In addition to Tennessee, lawsuits are ongoing in Alabama, Arkansas, Louisiana, Ohio, Oklahoma, and Texas. Court decisions allowing abortion care to continue have been issued in Alabama, Arkansas, Ohio, Oklahoma, Tennessee, and Texas.

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 Oklahoma’s COVID-19 ban, stating: “[B]anning abortion will not help address the pandemic. Most abortions do not require any hospital resources and use only minimal PPE. And banning abortion will actually increase use of those resources and contribute to spread of the virus.”

Tennessee also bans the use of telehealth for medication abortion — a method 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 Naftalis & Frankel LLP. Plaintiffs in the case are CHOICES Memphis Center for Reproductive Health, Knoxville Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Bristol Regional Women’s Center, and Dr. Kimberly Looney.

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