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Court hears arguments to throw out Tennessee abortion lawsuit, block ban in part

Tennessee Supreme Court/YouTube(NASHVILLE, Tenn.) -- A three-judge panel heard arguments Thursday on throwing out a lawsuit challenging Tennessee's abortion ban as well as a motion to block part of the ban.The case stems from a lawsuit filed by seven w...

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Court hears arguments to throw out Tennessee abortion lawsuit, block ban in part - WEIS | Local & Area News, Sports, & Weather

Court hears arguments to throw out Tennessee abortion lawsuit, block ban in part - WEIS | Local & Area News, Sports, & Weather
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Going For Another Crown: Girls' Track And Field Team Has Roster Of 100 And Lots Of Athleticism

Going For Another Crown: Girls' Track And Field Team Has Roster Of 100 And Lots Of Athleticism
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Court hears arguments to throw out Tennessee abortion lawsuit, block ban in part – KTBB News, Weather, Talk

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Tennessee Supreme Court/YouTube(NASHVILLE, Tenn.) -- A three-judge panel heard arguments Thursday on throwing out a lawsuit challenging Tennessee's abortion ban as well as a motion to block part of the ban.The case stems from a lawsuit filed by seven women and two doctors against the state over its abortion bans. The judges are reviewing a motion to dismiss the lawsuit and a motion for a temporary injunction against the ban as it applies to dangerous pregnancy complications.Tennessee ceased nearly all abortion services when a trigger ban went into effect in August 2022, after the U.S. Supreme Court overturned Roe v. Wade. The state is one of 14 to cease nearly all abortions.Performing or attempting to perform an abortion is a Class C felony in the state.The panel, consisting of three women, said it will not issue a ruling Thursday. A ruling in writing is expected after they have reviewed the case.In the lawsuit, the women allege they were denied "necessary and potentially life-saving medical care" because physicians "fear the penalties imposed by that ban," according to the lawsuit. The Tennessee attorney general and state board of medical examiners are also named in the suit.The state argued that the wording of the ban was clear, pushing back against claims that physicians are unsure what constitutes legal abortion care."A few doctors saying as a matter of fact that they are unclear about what serious risk might entail in an edge case does not show vagueness as a matter of law," Whitney Hermandorfer, a lawyer with the Tennessee attorney general's office, said Thursday in court in response to a question from judges about affidavits physicians have submitted in the case.The state argued that the individuals who filed the lawsuit are not currently undergoing the medical emergencies mentioned in the suit or seeking emergency care -- and thus lack the grounds to file the suit as they are asking for relief in hypothetical future scenarios."So while we can all agree the past health circumstances are incredibly unfortunate, I submit here that they do not provide a legal reason to invalidate the medical exception at issue in this case," Hermandorfer said in court.A narrow law passed last year in Tennessee allows abortions in cases of molar pregnancies, ectopic pregnancies, to remove a miscarriage or to save the life of the mother. The law was passed in response to pushback from physicians and advocates.The trigger law did not have an exception but allowed an affirmative defense that allows physicians being prosecuted over providing an abortion to justify their actions, claiming it was done to prevent death or serious injury. This clause, which lawmakers point to as an exception, only comes into effect during a criminal trial after a physician is charged with the felony and their license has been suspended.In response to assurances given by prosecutors that they would not prosecute certain cases, Chancellor Patricia Head Moskal, a judge in the case, pushed back that there is no guarantee that the district attorney would not prosecute just based on their statements, noting that district attorneys are elected and change regularly.The state also pushed back on the claim that the law violated the right to life clause of the state constitution, pointing to the exception to the ban.Plaintiffs' attorneys argue against dismissing suitPushing back on the state's claim that the patients are not affected persons because the law does not criminalize abortions for women seeking care, Center for Reproductive Rights attorney Marc Hearron said plaintiffs are directly impacted by their care being denied."I don't really know how they can make that argument with a straight face," Hearron said."The physician plaintiffs are directly affected by the threatened enforcement of Tennessee's abortion ban. The abortion ban directly regulates what care they can and cannot provide their patients and it affects them by threatening them with imprisonment, fines and loss of their medical license if they violate the law," Hearron said.Hearron argued that as long as one of the plaintiffs has standing in a case, then the court's jurisdiction should not be in question.Pushing back against the state's claim that there has not been any governmental action in the form of charges being brought against a physician for violating the ban, Hearron argued that physicians are facing a threat of enforcement and that the enactment of the law was itself a governmental action.Lawyers for the plaintiffs also argued that physicians losing their medical licenses would constitute harm to their property, giving them standing to pursue the lawsuit.The lawyers also alleged that patients in the state are not getting constitutionally required abortion care that they should get.Center for Reproductive Rights attorneys also argued that the language of the exception law is just as vague as the original statute. They also argued that the language has multiple indeterminate meanings."Serious and substantial risk" to the life and health of a patient could mean different things to different people and are not, Linda Goldstein, the senior counsel at the Center for Reproductive Rights, said in court.Attorneys argued there were four sources of linguistic vagueness in the law: the use of nonmedical language, ambiguous terminology, no indication of timing and the reasonable medical judgement standard."In combination, they have left physicians clueless as to what they should do," Goldstein said in court."If we are going to send someone to prison for 15 years, they have to know that they are doing something that the statute prohibits," Goldstein said.Goldstein cited Kate Cox's case, pointing to the dilemmas doctors are facing. Cox is a Texas woman who filed a lawsuit requesting an emergency abortion for a pregnancy with a severe anomaly.After a trial court allowed her to get an abortion, the Texas Supreme Court blocked and then overturned that ruling, denying her an abortion. She eventually traveled out of state to access care.The lawsuitThe lawsuit, filed by the Center for Reproductive Rights, is requesting a clarification of the medical exception in the abortion ban, through a declaration of when physicians can legally provide abortion care.The Center for Reproductive Rights is asking the court to allow physicians to rely on their "good faith judgement" and consultation with patients in making their decisions in cases of medical conditions or pregnancy complications that pose a risk to the mother's life; medical conditions that are exacerbated by pregnancy; conditions that cannot be effectively treated during pregnancy, or require recurrent invasive intervention; and in cases of fatal fetal anomalies.The suit argues that the exception to the abortion ban as it applies to emergency medical conditions violates the Tennessee constitution's due process and equal protections clauses. It also argues that the law is unconstitutionally vague for physicians who are unaware what care would meet the exceptions.Despite claims from politicians, including Gov. Bill Lee, that the ban allows exceptions for pregnancies that threaten a woman's life or could cause serious bodily injury, some doctors told ABC News they believe this is not the case.Arguments over preliminary injunctionIn a second hearing Thursday afternoon, attorneys for the plaintiffs presented arguments for a preliminary injunction -- a temporary, partial block on the ban's enforcement as the legal case continues -- as it relates to medically necessary abortions.In addition to presenting the stories of women who say they were denied lifesaving care, they shared the story of Charlotte Miller, through a declaration provided by Dr. Sarah Osmundson, a maternal fetal medicine specialist at Vanderbilt University Medical Center and a member of the physician committee that reviews requests for medically necessary abortions.Miller's fetus was diagnosed with acrania, which can develop into anencephaly, a fatal condition that can cause a severe buildup of amniotic fluid that could

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National - KSYL-AM

Tennessee Supreme Court/YouTube(NASHVILLE, Tenn.) -- A three-judge panel heard arguments Thursday on throwing out a lawsuit challenging Tennessee's abortion ban as well as a motion to block part of the ban.The case stems from a lawsuit filed by seven women and two doctors against the state over its abortion bans. The judges are reviewing a motion to dismiss the lawsuit and a motion for a temporary injunction against the ban as it applies to dangerous pregnancy complications.Tennessee ceased nearly all abortion services when a trigger ban went into effect in August 2022, after the U.S. Supreme Court overturned Roe v. Wade. The state is one of 14 to cease nearly all abortions.Performing or attempting to perform an abortion is a Class C felony in the state.The panel, consisting of three women, said it will not issue a ruling Thursday. A ruling in writing is expected after they have reviewed the case.In the lawsuit, the women allege they were denied "necessary and potentially life-saving medical care" because physicians "fear the penalties imposed by that ban," according to the lawsuit. The Tennessee attorney general and state board of medical examiners are also named in the suit.The state argued that the wording of the ban was clear, pushing back against claims that physicians are unsure what constitutes legal abortion care."A few doctors saying as a matter of fact that they are unclear about what serious risk might entail in an edge case does not show vagueness as a matter of law," Whitney Hermandorfer, a lawyer with the Tennessee attorney general's office, said Thursday in court in response to a question from judges about affidavits physicians have submitted in the case.The state argued that the individuals who filed the lawsuit are not currently undergoing the medical emergencies mentioned in the suit or seeking emergency care -- and thus lack the grounds to file the suit as they are asking for relief in hypothetical future scenarios."So while we can all agree the past health circumstances are incredibly unfortunate, I submit here that they do not provide a legal reason to invalidate the medical exception at issue in this case," Hermandorfer said in court.A narrow law passed last year in Tennessee allows abortions in cases of molar pregnancies, ectopic pregnancies, to remove a miscarriage or to save the life of the mother. The law was passed in response to pushback from physicians and advocates.The trigger law did not have an exception but allowed an affirmative defense that allows physicians being prosecuted over providing an abortion to justify their actions, claiming it was done to prevent death or serious injury. This clause, which lawmakers point to as an exception, only comes into effect during a criminal trial after a physician is charged with the felony and their license has been suspended.In response to assurances given by prosecutors that they would not prosecute certain cases, Chancellor Patricia Head Moskal, a judge in the case, pushed back that there is no guarantee that the district attorney would not prosecute just based on their statements, noting that district attorneys are elected and change regularly.The state also pushed back on the claim that the law violated the right to life clause of the state constitution, pointing to the exception to the ban.Plaintiffs' attorneys argue against dismissing suitPushing back on the state's claim that the patients are not affected persons because the law does not criminalize abortions for women seeking care, Center for Reproductive Rights attorney Marc Hearron said plaintiffs are directly impacted by their care being denied."I don't really know how they can make that argument with a straight face," Hearron said."The physician plaintiffs are directly affected by the threatened enforcement of Tennessee's abortion ban. The abortion ban directly regulates what care they can and cannot provide their patients and it affects them by threatening them with imprisonment, fines and loss of their medical license if they violate the law," Hearron said.Hearron argued that as long as one of the plaintiffs has standing in a case, then the court's jurisdiction should not be in question.Pushing back against the state's claim that there has not been any governmental action in the form of charges being brought against a physician for violating the ban, Hearron argued that physicians are facing a threat of enforcement and that the enactment of the law was itself a governmental action.Lawyers for the plaintiffs also argued that physicians losing their medical licenses would constitute harm to their property, giving them standing to pursue the lawsuit.The lawyers also alleged that patients in the state are not getting constitutionally required abortion care that they should get.Center for Reproductive Rights attorneys also argued that the language of the exception law is just as vague as the original statute. They also argued that the language has multiple indeterminate meanings."Serious and substantial risk" to the life and health of a patient could mean different things to different people and are not, Linda Goldstein, the senior counsel at the Center for Reproductive Rights, said in court.Attorneys argued there were four sources of linguistic vagueness in the law: the use of nonmedical language, ambiguous terminology, no indication of timing and the reasonable medical judgement standard."In combination, they have left physicians clueless as to what they should do," Goldstein said in court."If we are going to send someone to prison for 15 years, they have to know that they are doing something that the statute prohibits," Goldstein said.Goldstein cited Kate Cox's case, pointing to the dilemmas doctors are facing. Cox is a Texas woman who filed a lawsuit requesting an emergency abortion for a pregnancy with a severe anomaly.After a trial court allowed her to get an abortion, the Texas Supreme Court blocked and then overturned that ruling, denying her an abortion. She eventually traveled out of state to access care.The lawsuitThe lawsuit, filed by the Center for Reproductive Rights, is requesting a clarification of the medical exception in the abortion ban, through a declaration of when physicians can legally provide abortion care.The Center for Reproductive Rights is asking the court to allow physicians to rely on their "good faith judgement" and consultation with patients in making their decisions in cases of medical conditions or pregnancy complications that pose a risk to the mother's life; medical conditions that are exacerbated by pregnancy; conditions that cannot be effectively treated during pregnancy, or require recurrent invasive intervention; and in cases of fatal fetal anomalies.The suit argues that the exception to the abortion ban as it applies to emergency medical conditions violates the Tennessee constitution's due process and equal protections clauses. It also argues that the law is unconstitutionally vague for physicians who are unaware what care would meet the exceptions.Despite claims from politicians, including Gov. Bill Lee, that the ban allows exceptions for pregnancies that threaten a woman's life or could cause serious bodily injury, some doctors told ABC News they believe this is not the case.Arguments over preliminary injunctionIn a second hearing Thursday afternoon, attorneys for the plaintiffs presented arguments for a preliminary injunction -- a temporary, partial block on the ban's enforcement as the legal case continues -- as it relates to medically necessary abortions.In addition to presenting the stories of women who say they were denied lifesaving care, they shared the story of Charlotte Miller, through a declaration provided by Dr. Sarah Osmundson, a maternal fetal medicine specialist at Vanderbilt University Medical Center and a member of the physician committee that reviews requests for medically necessary abortions.Miller's fetus was diagnosed with acrania, which can develop into anencephaly, a fatal condition that can cause a severe buildup of amniotic fluid that could

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Court hears arguments to throw out Tennessee abortion lawsuit, block ban in part

A three-judge panel heard arguments Thursday on throwing out a lawsuit challenging Tennessee's abortion ban as well as a motion to block part of the ban. The judges are reviewing a motion to dismiss the lawsuit and a motion for a temporary injunction against the ban as it applies to dangerous pregnancy complications. Tennessee ceased nearly all abortion services when a trigger ban went into effect in August 2022, after the U.S. Supreme Court overturned Roe v. Wade.

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With buzzer-beating shot, Falcons fall in semifinals

With buzzer-beating shot, Falcons fall in semifinals
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Inside the Internal Debates of a Hospital Abortion Committee

This article first appeared at ProPublica, a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this…

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Inside the internal debates of a hospital abortion committee

In states that banned abortion, doctors are forced to wrestle with tough decisions about high-risk pregnancy care. “I don’t want to have a patient die and be responsible for it,” one Tennessee doctor said.

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