Pro-Abortion Organizations Call for Access to Abortion in Tennessee Amid COVID-19

Apr 17, 2020

doctor with mask and scrubs
On Monday, Planned Parenthood, the Center for Reproductive Rights, the American Civil Liberties Union, and the American Civil Liberties Union of Tennessee filed an emergency federal lawsuit challenging Governor Bill Lee’s April 8, 2020, Executive Order 25, which limited non-emergency health care procedures, including elective surgical abortions, as a means of preserving personal protective equipment and limiting the spread of the virus.

This is not the first time that Planned Parenthood, the Center for Reproductive Rights, and the ACLU have joined forces to bring lawsuits against state bans on abortion during the pandemic. The pro-abortion organizations have also filed lawsuits in Alabama, Iowa, Ohio,  Oklahoma, and Texas.

Their reasoning for opposing the restriction in Tennessee and in other states seems to follow a certain “logic”—abortion is “time-sensitive” and a constitutional right. They argue that those seeking an abortion will suffer harm by incurring greater costs and possibly having to travel to another state, which could potentially spread the COVID-19 virus, and that could ultimately cost the state more money.

The complaint against Tennessee, which asks for declaratory and injunctive relief, states, “The Delay Requirement forces every woman seeking an abortion in Tennessee to remain pregnant against her will and against her physician’s medical judgment, even after she has made the decision to terminate her pregnancy. It subjects women to increased medical risk, emotional harms, protracted delays, increased costs, and other burdens.” 

A spokesman for Governor Lee noted that the “executive order seeks to preserve life-saving [personal protective equipment] and limit close contact procedures that are unsafe," and called the lawsuit "an unfortunate distraction as we work to ensure our health care community has access to critical supplies during the fight against COVID-19."

U.S. District Judge Bernard A. Friedman, who presided over the unusual conference call hearing, said it was "an important issue” and vowed to issue written orders quickly.

Women seeking an abortion in Tennessee can still get a chemical abortion as long as they are in the 11-week window.


News Sources

State of Tennessee Executive Order 25
TN Secretary of State

Emergency lawsuit filed against Lee’s ban on abortions amid coronavirus pandemic
TNJ: On the Hill

Emergency lawsuit filed in Tennessee to keep abortion accessible amid COVID-19
WKRN

Abortion Providers File Litigation in Four States To Protect Access to Essential Abortion Care
Center for Reproductive Rights

The Tennessee Complaint

Gov. Lee spokesman: Abortions rights legal challenge to COVID-19 order 'unfortunate distraction'
Chattanooga Times Free Press

Judge expected to rule soon on state of Tennessee abortions amid COVID-19
The Tennessean

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