The Tennessee Attorney General’s office argued in court on Thursday that doctors challenging the state’s abortion ban are withholding care to women facing serious medical emergencies. The lawsuit, brought by seven women and two doctors, claims that the current law violates pregnant patients’ right to life as guaranteed by the state’s constitution. They are seeking clarification on when abortion exceptions can be applied, including for fatal diagnoses. However, one judge expressed doubt that the court could clarify a law approved by the General Assembly.
Both sides presented their arguments to a three-judge panel during a lengthy hearing on Thursday. The Attorney General’s office claimed that doctors do not want any oversight on their medical decision-making, while the Center for Reproductive Rights argued that the state’s abortion ban is overly broad and vague, causing doctors to fear potential legal repercussions. Many of the women involved in the lawsuit attended the hearing, sharing details of their pregnancy complications and the lack of clarity in the law around abortion exceptions. Among the plaintiffs is Rebecca Milner, who faced severe complications and was denied abortion care under Tennessee’s ban.
The plaintiffs in the lawsuit allege that doctors are denying or delaying abortion care due to the vagueness of the medical necessity exception in the state’s abortion law. This lack of guidance has led to situations where even legally permissible abortions are being withheld. The Attorney General’s office argues that the plaintiffs do not have standing in the case, claiming that the two doctors involved are not at risk of prosecution because they work in a county where the district attorney has declared he would not prosecute abortion providers. However, the court noted that this statement is not legally binding and that the state’s Attorney General could intervene to push forward with charges.
A decision on whether to dismiss the case or temporarily block the abortion ban is expected once the three-judge panel reviews the full case. The Attorney General’s office argued that doctors are operating in fear of potential legal repercussions and do not want any governmental scrutiny on their medical decision-making. On the other hand, the Center for Reproductive Rights highlighted the broad and vague nature of Tennessee’s abortion ban, leading to situations where doctors are delaying or denying abortion care even when it is legally permissible. The lawsuit seeks clarification on the circumstances under which patients can legally receive an abortion, including in cases of fatal diagnoses.
