Tennessee asks Supreme Court to put hold on ruling that state's abortion waiting period is unconstitutional

Posted 7 days ago


Tennessee is asking the Supreme Court to put a hold on a lower-court ruling that the state's two-day waiting period for women seeking an abortion is unconstitutional, even though it's been in effect for years and other states have similar waiting periods.

Justice Brett Kavanaugh on Tuesday set a deadline for the three pro-abortion groups on the other side of the suit to respond to Tennessee's emergency request that the Supreme Court lift a district court's permanent injunction against the law. The waiting period has been on the books for more than five years, Tennessee's emergency request said.

The main thrust of the case is still at the Sixth Circuit Court of Appeals. But Tennessee is asking the Supreme Court to let it enforce its law as the litigation makes its way through the courts.

"As long as the waiting period remains enjoined, some unborn children will be aborted who might otherwise be spared that fate," Tennessee wrote in its emergency request, filed earlier this week. "Some women will choose abortion without making an 'informed and deliberate' decision... and some will later come to regret that irreversible decision."

Tennessee added: "By contrast, a stay will not substantially injure Respondents, who complied with Tennessee’s waiting period for five years while the litigation proceeded in the district court. During that time, Respondents continued to operate their clinics, and women in Tennessee continued to obtain abortion... (Read more)