A Tennessee court is currently considering whether to temporarily block the state’s abortion ban in cases of dangerous pregnancies, following arguments in a legal challenge to the law’s narrow medical exception. The case was brought by the Center for Reproductive Rights on behalf of Nicole Blackmon, who was denied an abortion despite facing major health complications. Blackmon later gave birth to a stillborn baby after more than 32 hours of labor. The lawsuit argues that the vague language in Tennessee’s abortion ban endangers the lives of pregnant women and impedes doctors’ ability to provide care.
The three-judge panel could decide to dismiss the case entirely or issue a temporary injunction while they review the arguments. The ban, which went into effect in 2022, includes a medical exception for situations where the abortion is necessary to prevent death or serious risk of bodily harm to the pregnant woman. However, abortion rights advocates argue that the ambiguous and nonmedical terminology leaves doctors uncertain about when they can provide care without facing prosecution.
The plaintiffs are not seeking to strike down the abortion ban entirely, but rather to clarify the medical necessity exception to allow doctors to perform abortions in cases of fatal fetal diagnosis that pose a risk to the mother’s life or health. The Center for Reproductive Rights has filed similar lawsuits in other states with restrictive abortion bans. More than a dozen states currently have such bans or lack facilities where women can access abortion services.
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