The Tennessee court grants some protection for abortion, but criminal penalties remain

A court ruling in Tennessee provided some clarity about medical exemptions in the state’s abortion ban, but critics say the ruling shows how little lawmakers and legal experts understand pregnancy complications.

The order states that doctors cannot lose their medical license to perform abortions in four specific situations – such as if the patient’s water ruptures before the fetus can survive on its own. All conditions depend on the pregnancy not being viable.

Dr. Amy Gordon Bono, a Nashville doctor who advocates for abortion rights, said the ruling is a small victory because it provides some clarity, but the list of conditions is very limited. The ruling highlights what she sees as an ongoing problem.

“We still have politicians, lawyers and judges making health care decisions, even though those decisions should be in the hands of patients and doctors,” she said.

Before the abortion ban went into effect, Tennessee’s Planned Parenthood chapter cared for patients in life-threatening situations, said CEO Ashley Coffield.

“We had patients receiving chemotherapy for cancer,” she said. “The pregnancies were fine, but the chemotherapy would have caused harm to the fetus. And they wanted to continue chemotherapy so they could live and be there for their families and their other children. Such medical emergencies are not mentioned in the lawsuit.”

It would be impossible to list all possible medical conditions that would cause a patient to require abortion care. Coffield says it is therefore inevitable that some patients will remain unprotected.

“The problems people face are so complicated that they cannot be regulated by law or identified by a judge,” she said.

Last year, a group of patients and doctors filed a lawsuit challenging the state’s abortion ban. They argued that the section explaining medical exemptions is too vague, causing doctors to be so afraid of jail time that they refuse treatment even if it were legal. The plaintiffs included seven women who were denied medically necessary abortions in the state after the ban took effect. The case was heard in April and a three-judge panel issued an initial order last week.

The judges have “mandated” parts of the law, meaning the state must stop enforcing parts of the law. They said they do not have the power to stop law enforcement and the attorney general from prosecuting doctors who perform abortions, but they do have the power to prevent the state’s medical board from revoking their licenses as punishment for performing abortions withdraws.

The order protects doctors if a patient’s water breaks before the fetus can survive outside the uterus and if labor begins too early. The other two conditions – the risk of infection leading to uterine rupture or loss of fertility, and complications such as chronic, dangerously high blood pressure – only apply if the fetus has been diagnosed with a terminal condition.

Nicole Blackmon was one of seven patient plaintiffs who told their story in the lawsuit. In a written statement, she said she was grateful that the court heard and understood how painful it was for her to carry a non-viable pregnancy to term against her will and the advice of her doctor.

“I risked my own life and experienced unimaginable emotional turmoil when I was forced to give birth to a stillborn baby who never had a chance at a longer life,” she said. “I feel a new determination to stand up for our cause and fight in court for what is right. I will continue to advocate for justice – not just for ourselves, but for all Tennesseans.”