A federal appeals court ruled Thursday that Tennessee’s 48-hour waiting period before a woman can receive an abortion is lawful and doesn’t violate her constitutional rights.
A 9-7 en banc ruling by the 6th U.S. Circuit Court of Appeals found that requiring women to wait 48 hours before getting an abortion did not create an undue burden on the ability to obtain the procedure.
“Before making life’s big decisions, it is often wise to take time to reflect. The people of Tennessee believed that having an abortion was one of those decisions,” Judge Amul Thapar, a Trump appointee, wrote for the majority. “Tennessee’s waiting-period law is not a substantial obstacle to abortion.”
Abortion providers challenged the 2015 law by arguing it ran afoul of the Constitution and Supreme Court precedent.
The law has been enforced for about five years, and the court noted “women continued to obtain abortions in Tennessee.”
“Abortion rates remained above 10,000 per year both before and after passage of the law,” Judge Thapar wrote.
Tennessee’s 48-hour waiting period requires doctors to give women information two days before obtaining an abortion, other than in cases of emergencies.
The doctors are required to provide women with the age of the unborn fetus, the medical risks of pregnancy and abortion, and the alternatives to abortion.
The lower court had ruled that the law violated a woman’s right to have an abortion, but Thursday’s 6th Circuit’s ruling reverses that decision.
A spokesperson from the Center for Reproductive Rights, which represented the abortion providers, did not immediately respond to a request for comment about whether they’ll appeal to the Supreme Court.
Judge Karen Nelson Moore dissented, disagreeing with the majority’s move to uphold the law.
She said the lower court found that the cost of travel expenses, second appointments, childcare, and lost wages affected 60% to 80% of low-income women in the state seeking abortions.
“An honest look at the record compels but one conclusion: a law that peddles in stigma, forces women into unnecessary and invasive surgical procedures, and forces low-income women to sacrifice basic necessities for themselves and their families in order to obtain an abortion is nothing if not an undue burden,” wrote Judge Moore, a Clinton appointee.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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