April 27, 2021

Appeals Court Allows Tennessee to Enforce 48 Hour Waiting Period Law While Lawsuit is Deliberated

Tennessee Attorney General Herbert H. Slatery III
The 6th Circuit U.S. Court of Appeals decided last Friday that the state of Tennessee could enforce its 48-hour waiting period law while the lower court's decision is being appealed.

District Judge Bernard A. Friedman decided in 2020 to strike down Tennessee's 1978 law mandating a 48-hour waiting period for abortions. It was in effect until 2000, when the Tennessee Supreme Court ruled that the state Constitution included an implied right to abortion. In 2015, the law went back into effect when the state constitution was amended to expressly state that it did not include a right to abortion. It is currently being threatened by a lawsuit from abortion businesses and the ACLU, however.

“We are pleased that the full Sixth Circuit has recognized that Tennessee’s law, requiring a 48-hour waiting period for abortions, is likely constitutional and can be enforced while the appeal proceeds,” said Tennessee Attorney General Herbert H. Slatery III. “The Supreme Court has recognized the authority of State governments to provide women considering abortion the opportunity to receive important information before a life-changing decision is made. Tennesseans, through their elected representatives, voted for this law and this Office will defend it.”