Tennessee court to weigh throwing out abortion ban challenge, blocking portions of the law

Attorneys defending Tennessee's sweeping abortion ban alleged Thursday that doctors challenging the law do not want any oversight when deciding to terminate a pregnancy and instead are improperly withholding care to women facing serious medical emergencies.

The Tennessee Attorney General's office laid out its arguments while attempting to persuade a three-judge panel to dismiss a lawsuit seeking to clarify when abortion exceptions can be applied in the Volunteer State.

Nine women and two doctors have launched a legal battle alleging current law violates pregnant patients’ right to life as guaranteed by the state’s constitution. They want the judicial panel to clarify the circumstances that qualify patients to legally receive an abortion. Among the circumstances they want included are fatal diagnoses.

While the judges repeatedly told attorneys not to read too much into their questions, one chancellor cast doubt that they could clarify a law that was approved by the General Assembly.

“You’re basically asking us to redline what the statute says … the big concern is that I’m not sure that we can do what you’re asking us to do,” said Chancellor Kasey Culbreath, one of the judges.

Both sides presented their case to the three judges during a lengthy Thursday hearing. A decision on whether to dismiss the case or temporarily block the abortion ban is expected once the panel reviews the full case.

“Plaintiffs very much, and this is a shared policy view by many in the medical profession, do not want any sort of governmental scrutiny on their use, on their medical decision-making," said Whitney Hermandorfer, arguing on behalf of the attorney general's office. «And that’s not been how things have worked in the abortion context.”