The Sixth Circuit Court of Appeals on Thursday reverse the Federal District Court and upheld Tennessee’s 48-hour abortion waiting period. The ruling means that the waiting period will remain law and in effect in Tennessee.
Tennessee Right to Life officials said the waiting period "has proven effective in allowing women to take the time they need to thoughtfully and prayerfully consider the graphic and emotionally damaging effects of an abortion."
"We thank the Sixth Circuit Court of Appeals for hearing this case and for affirming the voice of Tennessee voters," said Stacy Dunn, president of Tennessee Right to Life. "We have felt all along that this was a common sense law that gave women time for thoughtful consideration to choose life and reduce coerced abortions.
We are glad that view was upheld by the Sixth Circuit today."
The Tennessee law was passed in 2015.
In the case that involved a 9-7 majority, Circuit Judge Amul Thapar said the law is constitutional because it does not place a "substantial obstacle" in the way of a "large fraction" of women seeking abortions before the fetus is viable.
Nancy Northup, president of the Center for Reproductive Rights, said, "With this law, politicians are purporting they know better than patients when it comes to making personal decisions about their healthcare. It's demeaning and medically unnecessary."
The court’s ruling reverses the District Court’s decision in Bristol Regional Women’s Center v. Slatery.
In its opinion, the Court recognized that, “before making life’s big decisions, it is often wise to take time to reflect. The people of Tennessee believed that having an abortion was one of those decisions. So they passed a law requiring a waiting period of 48 hours.”
“The Sixth Circuit’s decision is gratifying for several reasons,” said Attorney General Herbert H. Slatery III. “First, the result: a law passed by our representative lawmakers and signed by the Governor five years ago - yes, five years ago - is constitutional. It has been on the books a long time. The Court concluded that, during this time, the 48-hour waiting period has not been a substantial obstacle to getting an abortion in Tennessee.
"Second, the opinion was a reasoned analysis of the law and the lack of proof offered by the plaintiffs, rather than a decision based on policy. Also, this ruling comes after the full Court reconsidered an earlier decision by a three-judge panel of the same Court.”
To read the ruling, click here: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2021/pr21-26-opinion.pdf