Bristol Regional Women's Center v. Slatery, No. 20-6267 (6th Cir. 2021)
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Tennessee Code 39-15- 202(a)–(h) requires the woman be informed, orally and in-person by the attending physician or by the referring physician that she is pregnant; of the probable gestational age of the fetus; whether the fetus may be viable; of the “services ... available to assist her during her pregnancy and after the birth of her child, if she chooses not to have the abortion”; and of “[t]he normal and reasonably foreseeable medical benefits, risks, or both of undergoing an abortion or continuing the pregnancy to term.” The law establishes a 48-hour waiting period that begins when the woman receives the mandated information, which is reduced to 24 hours in the event of a court order. The effect of the waiting period is that a woman seeking an abortion in Tennessee must make at least two visits to the clinic, except in the case of a medical emergency that prevents compliance.
The district court declared the waiting period unconstitutional and permanently enjoined its enforcement but declined to rule on the equal protection claim. The Sixth Circuit denied a stay pending appeal. The district court’s factual findings compel the conclusion that Tennessee’s waiting period unduly burdens women’s abortion rights, under any of the cited precedents. Defendants—who bear the burden of persuading the court that a stay is warranted—did not challenge those factual findings.
The court issued a subsequent related opinion or order on April 9, 2021.
The court issued a subsequent related opinion or order on April 23, 2021.
The court issued a subsequent related opinion or order on August 5, 2021.
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