Federal Appeals Court Upholds Tennessee's Six Week 'Abortion Trigger' Law

By Gil Cohen | Thursday, 30 June 2022 05:15 AM
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The Sixth Circuit Court of Appeals ruled Tuesday that a Tennessee law forbidding abortion after six weeks of pregnancy can take effect after the Supreme Court overturned Roe v. Wade last week.

law had been barred in federal court shortly after lawmakers enacted it in 2020. After the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization, Tennessee Attorney General Herbert Slatery filed an emergency motion asking the court to let the state execute the law.

Several states have passed laws banning abortion at six weeks, the time when a fetal heartbeat can often be revealed. Before Friday's ruling, those laws came under fire for prohibiting abortion at a time when some women were still oblivious that they were even pregnant.

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With the Dobbs ruling, Tennessee is expected to pass an even tougher regulation, as the state has a trigger law on the books that ban abortion outright in the event that Roe v. Wade is overturned. The law says it takes effect 30 days after the Supreme Court's ruling.

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Both the trigger law and the current six-week ban provide exceptions for when an abortion is needed to prevent the mother from dying or from having "serious risk of substantial and irreversible impairment of a major bodily function."

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On Monday, a Louisiana state judge issued a temporary block against that state's trigger law banning abortion, allowing abortions to continue at least until a hearing on July 8.

Supreme Court Justice Clarence Thomas wrote a concurring opinion in Friday's ruling overturning Roe v. Wade, claiming the court should "correct the error" of orders that protect same-sex marriage and contraception access.

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The high court repealed the ruling of Roe on Friday, with Justice Samuel Alito writing an opinion supporting Mississippi's ban on abortion after 15 weeks of gestation.

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In a verifying opinion by Thomas, the Republican-appointed justice wrote that the court should also reconsider other cases that fall under previous due process precedents. "For that reason, in future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," Thomas wrote.

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"We have a duty to 'correct the error' established in those precedents," the justice said.

Democrats, including President Joe Biden, have cautioned that Friday's decision in Dobbs v. Jackson Women's Health Organization could lead to the high court reversing other precedents established under the Constitution's due process clause.

"Mark my words: They are going to go after the Supreme Court decision on same-sex marriage," Biden said last month at a Democratic National Committee fundraiser in Chicago.

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