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Appeals Court Upholds Block on Tennessee Abortion Ban

A federal appeals court upheld a lower court’s decision to block a Tennessee abortion ban that was signed into law last year.

A federal appeals court upheld a lower court’s decision Friday to block a Tennessee abortion ban that was signed into law last year. 

The U.S. Court of Appeals for the Sixth Circuit agreed with Middle Tennessee District Judge William Campbell’s preliminary injunction, which blocked the law from taking effect shortly after it passed. 

The law bans abortion at certain gestational ages beginning at six weeks. It also bans abortion based on a Down syndrome diagnosis or because of the gender or race of the fetus. 

The provisions of the law are “constitutionally unsound,” Judge Martha Daughtrey wrote in the opinion

“Although this circuit’s recent — and alarming — decisions have broadened the extent to which the government may impede a person’s constitutional right to choose whether to carry a pregnancy to term, the law remains clear that if a regulation is a substantial obstacle to a woman seeking an abortion, it is invalid,” the opinion reads. “We take note that state legislatures recently have passed more anti-abortion regulations than perhaps at any other time in this country’s history. However, this development is not a signal to the courts to change course.”

Hedy Weinberg, executive director of the American Civil Liberties Union of Tennessee applauded the court’s decision. 

“People should be able to make decisions for themselves about whether and when to become a parent, without politicians interfering,” Weinberg said. “ Today’s ruling is critical to Tennesseans’ ability to continue receiving safe and legal abortion care. We will continue to fight this unconstitutional law until it is struck down for good.”

Ashley Coffield, CEO of Planned Parenthood of Tennessee and North Mississippi, said the decision allows abortion to remain safe and legal in Tennessee despite a “national, coordinated attack on abortion rights.” 

“We trust our patients to make their own fully informed reproductive healthcare decisions,” Coffield said. “We are thankful that the court ruled to protect that trust and ensure that we can continue to provide expert, compassionate abortion care in our state.”