Skip to content
Center for Reproductive Rights
Center for Reproductive Rights

Primary Menu

  • About
    • Overview
    • The Center’s Impact
    • Center Leadership & Staff
    • Annual Reports
    • Corporate Engagement
    • Diversity, Equity and Inclusion
    • Careers
    • Contact Us
  • Work
    • Overview
    • Litigation
    • Legal Policy and Advocacy
    • Resources & Research
    • Recent Case Highlights
    • Landmark Cases
    • Cases Archive
    • World’s Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Issues
    • Overview
    • Abortion
    • Adolescent Sexual and Reproductive Health and Rights
    • Assisted Reproduction
    • Contraception
    • Humanitarian Settings
    • Maternal Health
    • COVID-19
  • Regions
    • Overview
    • Global Advocacy
    • Africa
    • Asia
    • Europe
    • Latin America and the Caribbean
    • United States
  • News
    • Latest News
    • Stories
    • Events
    • Center in the Spotlight
    • Press Releases
    • Statements
    • Press Room
    • Newsletters
  • Resources
    • Resources & Research
    • U.S. Abortion Rights: Resources
    • Maps
    • World Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
    • Repro Red Flags: Agency Watch
  • Act
    • Overview
    • Give
    • Act
    • Learn
  • Donate
    • Become a Monthly Donor
    • Make a Donor Advised Fund Gift
    • Leave a Legacy Gift
    • Donate Gifts of Stock
    • Give a Gift in Honor
    • Attend an Event
    • Employee Matching Gifts
    • Mail a Check
  • Twitter
  • Facebook
  • Instagram
  • YouTube
  • LinkedIn
Donate
icon-hamburger icon-magnifying-glass Donate
icon-magnifying-glass-teal

Appellate Court Allows Abortion Services to Continue in Tennessee During Pandemic

Center for Reproductive Rights - Center for Reproductive Rights - search logo
search Close Close icon
Center for Reproductive Rights -
Menu Close Menu Close icon
Donate

Primary Menu

  • About
    • Overview
    • The Center’s Impact
    • Center Leadership & Staff
    • Annual Reports
    • Corporate Engagement
    • Diversity, Equity and Inclusion
    • Careers
    • Contact Us
  • Work
    • Overview
    • Litigation
    • Legal Policy and Advocacy
    • Resources & Research
    • Recent Case Highlights
    • Landmark Cases
    • Cases Archive
    • World’s Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
  • Issues
    • Overview
    • Abortion
    • Adolescent Sexual and Reproductive Health and Rights
    • Assisted Reproduction
    • Contraception
    • Humanitarian Settings
    • Maternal Health
    • COVID-19
  • Regions
    • Overview
    • Global Advocacy
    • Africa
    • Asia
    • Europe
    • Latin America and the Caribbean
    • United States
  • News
    • Latest News
    • Stories
    • Events
    • Center in the Spotlight
    • Press Releases
    • Statements
    • Press Room
    • Newsletters
  • Resources
    • Resources & Research
    • U.S. Abortion Rights: Resources
    • Maps
    • World Abortion Laws Map
    • After Roe Fell: Abortion Laws by State
    • Repro Red Flags: Agency Watch
  • Act
    • Overview
    • Give
    • Act
    • Learn
  • Donate
    • Become a Monthly Donor
    • Make a Donor Advised Fund Gift
    • Leave a Legacy Gift
    • Donate Gifts of Stock
    • Give a Gift in Honor
    • Attend an Event
    • Employee Matching Gifts
    • Mail a Check
  • Twitter
  • Facebook
  • Instagram
  • YouTube
  • LinkedIn

Related Content

Issues:

Abortion, COVID-19

Regions:

United States

Work:

In the Courts

Type:

News, Press Releases

Case Archive

For updates on Center cases, explore our case archive here.

Follow the Center

Donate Now

Join Now

04.25.2020

In the Courts Abortion United States News

Appellate Court Allows Abortion Services to Continue in Tennessee During Pandemic

Justin Goldberg

Share

  • facebook
  • Twitter
  • linkedin
  • Email id
Sixth Circuit Court of Appeals affirms lower court decision blocking Tennessee’s order restricting abortions during the pandemic

Last night, the 6th Circuit Court of Appeals affirmed a preliminary injunction granted by a lower court, allowing abortion clinics in Tennessee to continue providing time-sensitive abortion procedures during the coronavirus (COVID-19) pandemic. The decision comes after Gov. Bill Lee issued a state order on April 8 banning all abortion services other than medication abortions (which involve taking pills and are only available until 11 weeks of pregnancy), despite leading national medical groups agreeing that abortion procedures are essential and time-sensitive. Tennessee is one of eight states where officials have exploited the COVID-19 pandemic to limit abortion access.



In its decision, the court wrote, “The State has never, at any point in this litigation, attempted to support its policy choice with expert or medical evidence. This is unsurprising because, as far as we can tell, every serious medical or public health organization to have considered the issue has said the opposite.”



“This decision sends a clear message to Tennessee: You cannot use a public health crisis to cut off abortion access,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “In the last month, courts across the country have ruled that states cannot use emergency powers to deny women the right to end a pregnancy. It’s time for states to stop exploiting this pandemic.” 



“We are so relieved that we can continue seeing patients and providing the essential abortion care they need,” said Rebecca Terrell, executive director of CHOICES Memphis Center for Reproductive Health. “It’s common sense that abortion is time-sensitive and cannot be delayed.” 



“Once again, it’s taken a court fight to stop another governor from exploiting this pandemic to score political points. Abortion is time-sensitive, essential health care that cannot wait for a pandemic to pass. Today’s ruling is a sigh of relief for patients,” said Alexis McGill Johnson, acting president and CEO of Planned Parenthood Federation of America. “We cannot forget that the essential workers on the front lines of this pandemic are the same people who are disproportionately harmed when access to health care is attacked. We’ll continue to fight these cruel attacks on abortion in Tennessee and across the country.” 



“This is a critical victory for Tennesseans who, on top of all the turmoil of this moment, are facing an unintended pregnancy and urgently need care,” said Julia Kaye, staff attorney at the ACLU Reproductive Freedom Project. “We hope the state will now focus on protecting its citizens during the pandemic rather than exploiting the crisis to push an anti-abortion agenda.”



Since the beginning of the COVID-19 outbreak, many state officials have attempted to ban or limit abortion. In addition to Tennessee, lawsuits are ongoing in Alabama, Arkansas, Louisiana, Ohio, and Oklahoma. Leading medical organizations like the American College of Obstetricians and Gynecologists (ACOG) and the American Medical Association (AMA) have opposed Tennessee’s order, stating: “Permitting abortion care — which is essential, time-sensitive health care — will not substantially increase the burdens hospitals face as a result of the COVID-19 pandemic. The vast majority of procedural abortions are performed in non-hospital settings, and they typically require only minimal PPE.”



Tennessee also bans the use of telehealth for medication abortion — a method that could greatly expand access and reduce in-person contact. Other abortion restrictions in Tennessee include: a mandatory 48-hour waiting period (which includes a requirement that patients make an additional, medically unnecessary trip to the clinic to receive state-mandated information); limits on when state and public insurance can cover abortion services; and a requirement that minors obtain parental consent.  



This lawsuit was filed by the Center for Reproductive Rights, Planned Parenthood Federation of America, the American Civil Liberties Union, the ACLU of Tennessee, pro-bono counsel Kramer Levin, and local counsel Barrett Johnston Martin & Garrison, LLC. Plaintiffs in the case are CHOICES Memphis Center for Reproductive Health, Knoxville Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Bristol Regional Women’s Center, and Dr. Kimberly Looney.  



The decision is available here.



Case Timeline:




  • April 8: Gov. Bill Lee issued a state order on limiting “non-emergency” health care procedures. That order banned all abortion services other than medication abortions (abortions by pills)

  • April 13: Order challenged in court by the Center for Reproductive Rights, Planned Parenthood Federation of America, the American Civil Liberties Union, the American Civil Liberties Union of Tennessee, pro bono counsel Kramer Levin, and local counsel Barrett Johnston Martin & Garrison, LLC.

  • April 17: Federal district court in Tennessee granted a preliminary injunction, allowing clinics to resume abortion procedures during the COVID-19 pandemic. The state immediately appealed the decision to the 6th Circuit Court of Appeals

  • April 24: 6th Circuit Court of Appeals affirmed the district court’s preliminary injunction, meaning time-sensitive abortion procedures can continue in the state



###   



MEDIA CONTACTS:  



Center for Reproductive Rights: [email protected]; 585-919-9966 



Planned Parenthood Media Office: [email protected]; 212-261-4433; 



ACLU: [email protected]; 212-549-2666  



ACLU of Tennessee: [email protected]; 615-320-7142 



Planned Parenthood of Tennessee and North Mississippi: [email protected]; 615-714-4840


Related Posts

Azar v. Garza Amicus Brief

Abortion,United States,In the Courts

Complaint: Falls Church Healthcare Center et al. v. Norman Oliver et al.

Abortion,United States,In the Courts

Amicus Brief: State of California et al. v. Alex M. Azar et al.

Other Barriers, Contraception,United States,In the Courts

Sign up for email updates.

The most up-to-date news on reproductive rights, delivered straight to you.

Footer Menu

  • Careers
  • Privacy Policy
  • Gift Acceptance Policy
  • Contact Us

Center for Reproductive Rights
© (1992-2024)

Use of this site signifies agreement with our disclaimer and privacy policy.

Better Business Bureau Charity Watch Top Rated Center for Reproductive Rights
This site uses necessary, analytics and social media cookies to improve your experience and deliver targeted advertising. Click "Options" or click here to learn more and customize your cookie settings, otherwise please click "Accept" to proceed.
OPTIONSACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThis cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.
_gat_UA-6619340-11 minuteNo description
_gid1 dayThis cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form.
_parsely_session30 minutesThis cookie is used to track the behavior of a user within the current session.
HotJar: _hjAbsoluteSessionInProgress30 minutesNo description
HotJar: _hjFirstSeen30 minutesNo description
HotJar: _hjid1 yearThis cookie is set by Hotjar. This cookie is set when the customer first lands on a page with the Hotjar script. It is used to persist the random user ID, unique to that site on the browser. This ensures that behavior in subsequent visits to the same site will be attributed to the same user ID.
HotJar: _hjIncludedInPageviewSample2 minutesNo description
HotJar: _hjIncludedInSessionSample2 minutesNo description
HotJar: _hjTLDTestsessionNo description
SSCVER1 year 24 daysThe domain of this cookie is owned by Nielsen. The cookie is used for online advertising by creating user profile based on their preferences.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
_fbp3 monthsThis cookie is set by Facebook to deliver advertisement when they are on Facebook or a digital platform powered by Facebook advertising after visiting this website.
fr3 monthsThe cookie is set by Facebook to show relevant advertisments to the users and measure and improve the advertisements. The cookie also tracks the behavior of the user across the web on sites that have Facebook pixel or Facebook social plugin.
IDE1 year 24 daysUsed by Google DoubleClick and stores information about how the user uses the website and any other advertisement before visiting the website. This is used to present users with ads that are relevant to them according to the user profile.
IMRID1 year 24 daysThe domain of this cookie is owned by Nielsen. The cookie is used for storing the start and end of the user session for nielsen statistics. It helps in consumer profiling for online advertising.
personalization_id2 yearsThis cookie is set by twitter.com. It is used integrate the sharing features of this social media. It also stores information about how the user uses the website for tracking and targeting.
TDID1 yearThe cookie is set by CloudFare service to store a unique ID to identify a returning users device which then is used for targeted advertising.
test_cookie15 minutesThis cookie is set by doubleclick.net. The purpose of the cookie is to determine if the user's browser supports cookies.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
CookieDurationDescription
adEdition1 dayNo description
akaas_MSNBC10 daysNo description
cookielawinfo-checkbox-functional1 yearThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-others1 yearNo description
geoEdition1 dayNo description
next-i18next1 yearNo description
SAVE & ACCEPT
Powered by CookieYes Logo
Scroll Up