A Tennessee court has temporarily blocked the state’s total abortion ban for patients with dangerous pregnancy complications and lethal fetal diagnoses.
Late Thursday, a three-judge panel of the Tennessee Chancery Court unanimously agreed that the unclear exception to Tennessee’s abortion ban is preventing women in the state from getting medically necessary abortion care. The court largely granted the plaintiffs’ request to temporarily block the state’s abortion ban as it applies to many dangerous pregnancy complications and lethal fetal diagnoses. This decision means that Tennessee physicians can treat their patients who are experiencing certain dire pregnancy complications and fetal diagnoses without fear of disciplinary action.
The case was filed by the Center for Reproductive Rights on behalf of nine plaintiffs: seven Tennessee women denied medically necessary abortion care who faced severe and dangerous pregnancy complications, and two Tennessee physicians who have been prevented from offering their patients the medically indicated treatment during obstetrical emergencies.
Across the country, there are now 13 states that have total abortion bans with only very narrow exceptions.
In addition to Tennessee, the Center has filed similar cases in Texas and Idaho.
In their ruling, the three-judge panel (Chancellor Patricia Head Moskal, Judge Sandra Donaghy and Chancellor Kasey Culbreath) agreed with plaintiffs that the state’s abortion ban violates pregnant patients’ constitutional right to life and equal protection, and physicians’ right to due process of law. In a separate decision, the court also denied the state of Tennessee’s request to dismiss the case, Blackmon v. Tennessee.
I risked my own life and went through unimaginable emotional turmoil being forced to give birth to a stillborn baby that never had a chance of sustained life. I feel a renewed sense of determination to stand up for our cause and fight for what’s right in the courtroom.
Nicole Blackmon, lead plaintiff
While the panel dismissed the lead plaintiff Nicole Blackmon from the case because she has “foregone the ability to become pregnant again,” they also wrote that the “medical emergency” exception is “demonstrably unclear,” recognizing the dire situations faced by the plaintiffs should have qualified them for care. Those include previability preterm premature rupture of membranes (“PPROM”) and fatal fetal diagnoses that lead to maternal health conditions or an infection, among others.
“The court agreed with us that the medical exception in the ban is not clear and has not been working. This ruling is a win for pregnant patients in Tennessee and is vindication for the brave women in this case, who were denied or delayed in getting medically necessary abortions. Our hope is that the court’s clarification of Tennessee’s abortion ban will encourage Tennessee physicians to return to performing the essential healthcare they’ve been trained to provide,” said Linda Goldstein, senior counsel at the Center for Reproductive Rights. “If the attorney general’s office appeals this ruling—a ruling meant to protect the lives of pregnant people—that will send a clear message to every Tennessean that his supposed interests in ‘protecting life’ and in allowing physicians to practice the standard of care are shams.”
“I’m thrilled that the court not only heard us, but truly listened. While it is bittersweet for me personally, the decision we received is sure to save so many others the grief that my fellow plaintiffs and I were forced to endure,” said Nicole Blackmon, lead plaintiff in Blackmon v. Tennessee, who was dismissed from the case in today’s decision. “I risked my own life and went through unimaginable emotional turmoil being forced to give birth to a stillborn baby that never had a chance of sustained life. I feel a renewed sense of determination to stand up for our cause and fight for what’s right in the courtroom. I will continue to advocate for justice; not only for ourselves, but for all Tennesseans.”
“Today’s ruling isn’t only about our lawsuit; it’s about upholding patients’ access to crucial healthcare and allowing doctors to practice medicine without fear,” said Dr. Laura Andreson, board-certified OB-GYN and a plaintiff in Blackmon v. Tennessee. “I’m grateful for the panel’s decision today. By temporarily blocking the state ban on abortion as applied to patients experiencing the same unthinkable diagnoses that my co-plaintiffs were forced to face, the panel has prevented immeasurable suffering. I am proudly in lockstep with my co-plaintiffs, and am ready to stand in court alongside them to fight for the rights of pregnant Tennesseans and my fellow OB-GYNs across our state.”
Plaintiffs in Blackmon v. Tennessee are asking the court to clarify what circumstances qualify under the “medical necessity” exception in Tennessee’s abortion ban. Confusing language and non-medical terminology in the law has left doctors uncertain about when they are legally able to provide abortion care without being prosecuted. Doctors in the state face loss of licensure and up to 15 years in prison for violating the law. Meanwhile, pregnant people are being forced to either wait until they are near death to receive care or flee the state if they have the means to do so.
This originally appeared as a Center for Reproductive Rights news update.
At Ms. magazine, our mission is to deliver facts about the feminist movement (and those who stand in its way) and foster informed discussions—not to tell you who to vote for or what to think. We believe in empowering our readers to form their own opinions based on reliable reporting. To continue providing you with independent feminist journalism, we rely on the generous support of our readers. Please consider making a tax-deductible donation today if you value the work we do and want to see it continue. Thank you for supporting women’s voices and rights.
