Nashville, Tennessee (AP) — A Commission of Federal Judges reversed the course on Friday to block Tennessee restrictions banning abortions for prenatal diagnosis of Down syndrome or for fetal race or gender. bottom. The ruling also blocked a six-week ban on abortion.
Republican Governor Bill Lee of Tennessee enacted restrictions last year as part of a drastic anti-abortion measure. The law banned abortion in as little as six weeks and became one of the strictest laws in the country, attracting national attention, but it also contained some other anti-abortion factors. rice field.
In that multifaceted decision, Cincinnati’s Sixth US Circuit Court of Appeals confirmed a previous ruling that blocked the state’s six-week abortion ban. The law states that if the six-week ban is considered unconstitutional (a time frame when most people are unaware that they are pregnant), the ban begins at various other stages of pregnancy.
“Note that the state legislature has recently passed more anti-abortion regulations than at any other time in the country’s history, but this progress signals the court to change course. It’s not a thing, “Senior Judge Martha Craig Dortry wrote in the majority. “In fact, it’s the exact opposite. Judiciary exists as a check of the main rules.”
The abortion group said the decision would provide some relief in the aftermath of the US Supreme Court, which allowed Texas’s near-ban on abortion to come into effect. The US Department of Justice has sued Texas law. This allows individual citizens to sue Texas abortion providers who violate the law and those who “help or beat” women and girls undergoing procedures. Two Tennessee restrictions include felony penalties for doctors found to be in breach.
“Today’s Court of Appeals has properly respected nearly 50 years of case law by blocking these dangerous laws,” said Brigitte Amiri, Deputy Director of ACLU’s Reproductive Freedom Project. “If you look at all the catastrophic effects of Texas’s abortion ban, this is welcome news for the Tennessees and the rule of law.”
The decision of the Sixth Circuit Court of Appeals regarding the so-called ban on reasons has turned around.
Just hours after Lee signed the anti-abortion package, the six-week ban and the ban for that reason were immediately thwarted by lower federal courts. However, the Court of Appeals for the Sixth Circuit ruled later last year that the state could enforce a ban on reasons while the abortion group continued its legal struggle with the law. Two of the three judges in Friday’s decision were not part of the previous decision.
The new ruling states that the reason for the ban does not give medical professionals a “reasonable opportunity to know when abortion is permitted.”
“As a result of this ambiguity and uncertainty, many abortion providers avoid what could be interpreted as prohibited acts and prevent access to rights that are considered fundamental under the Constitution. You may choose to do that, “writes Daughtry.
In April, the Court of Appeals for the Sixth Circuit overturned two previous decisions that impeded enforcement of the 2017 law by enacting another ban on Down Syndrome-based abortion in Ohio. Friday’s opinion cited the differences in Ohio law and the facts of each case against the opposite consequences of Tennessee.
Ohio’s law did not include racial and gender reasons, and the Ohio proceedings did not address the argument against Tennessee’s restrictions of constitutional ambiguity, the opinion said. ..
All three judges agreed to block the six-week ban. Judge Amur R. Sapper disputed the reasons for the ban, but also broadly addressed abortion, stating that “the court should return this choice to the American people to which it belongs.”
“The legislature can do what we can’t do. Listen to the community, create fact-specific rules with the right exceptions, collect more evidence, and things work properly. If we don’t, we’ll update the law, “writes Tapah. “And if the public is dissatisfied, they can fight back in the ballot box.”
Down’s syndrome is a genetic abnormality that causes developmental delay and medical conditions, such as heart defects and respiratory and hearing problems.
According to the National Down Syndrome Society, one in 700 people in the United States, or about 6,000 people a year, are born with this condition due to chromosomal irregularities.
Tennessee Attorney General Herbert Slateley’s office did not respond to requests for comment on Friday’s opinion.
Court of Appeals Blocks Tennessee’s Ban on Down Syndrome Abortion | WGN Radio 720
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