Attorneys for the state of Tennessee appeared in court yesterday to defend the state’s abortion ban so it can continue saving babies from abortions.
The Tennessee Attorney General’s office argued in front of a three judge panel and asked the judges to dismiss a lawsuit filed against the ban by abortion activists seeking to weaken it.
“Plaintiffs very much, and this is a shared policy view by many in the medical profession, do not want any sort of governmental scrutiny on their use, on their medical decision-making,” said Whitney Hermandorfer, arguing on behalf of the attorney general’s office. “And that’s not been how things have worked in the abortion context.”
Those behind the lawsuit want to be able to kill babies in abortions just because they’re disabled.
But one of the judges told the pro-abortion plaintiffs they can’t modify the law – only the legislature can do that.
“You’re basically asking us to redline what the statute says … the big concern is that I’m not sure that we can do what you’re asking us to do,” said Chancellor Kasey Culbreath, one of the judges.
The Center for Reproductive Rights, misled the judges about the law, attempting to make it appear that women can’t get legitimate health care when pregnant even though the law clearly allows it. The ban explicitly lists ectopic pregnancies and miscarriages as legally allowed exemptions.
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Tennessee’s pro-life law has been in effect since August of 2022 when it was triggered by the overturning of Roe. Since then, it is estimated that more than 10,000 unborn children have been saved from abortion in our state. It is one of the strongest pro-life laws in the nation.
During the 2023 legislative session, Tennessee lawmakers, with the support of Tennessee Right to Life, amended the measure by clarifying that treatment for ectopic pregnancy, molar pregnancy and miscarriage are not violations of the law. The affirmative defense was replaced with an exception for those times when a woman’s life is in danger.
For more than a year, this law has worked as the legislature intended by protecting the right to life of Tennessee’s most vulnerable citizens. This lawsuit could change that.
The abortion group is attempting to undo the decades of work of pro-life Tennesseans and their elected representatives. The suit asks the Court to “To issue permanent injunctive relief that restrains Defendants, their agents, servants, employees, attorneys, and any persons in active concert or participation with Defendants, from enforcing Tennessee’s abortion ban or instituting disciplinary actions related to alleged violations of the abortion ban…””
If the abortion group is successful, Tennessee’s Human Life Protection Act could be completely nullified.
Tennessee is not the only target of the group. After filing complaints in Tennessee, Oklahoma, Idaho and Texas, an email to the organization’s supporters stated their ultimate strategy: “These filings are an important first step toward reestablishing abortion rights and access across the United States, especially in states that have criminalized abortion.”
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Author: Steven Ertelt
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