Sixth Circuit Court of Appeals Upholds Injunction Allowing Abortions
May 1, 2020
Last Friday night, the 6th U.S. Circuit Court of Appeals upheld an injunction issued by the U.S. District Court effectively exempting abortions from Governor Lee’s Executive Order 25 to limit non-emergency health care procedures as a means of preserving personal protective equipment and limiting the spread of the coronavirus. The State immediately filed a petition for an en blanc rehearing, which would be heard by all 6th Circuit judges.
In making its decision last week, the three-judge panel of the 6th Circuit distinguished its holding from a decision of the 5th U.S. Circuit Court of Appeals on a similar executive order in Texas. Specifically, Judge Karen Nelson Moore noted that the Texas executive order contained a provision not included in the Tennessee order that allowed “doctors to perform procedures that, in their clinical judgment, ‘would not deplete the hospital capacity or the [PPE] needed to cope with the COVID-19 disaster.’”
At this point, the court has not indicated whether it will grant an en blanc hearing.
Decision of U.S. Court of Appeals, Sixth Circuit, Adams & Boyle, P.C., et al. v. Slatery, et al.
Decision of U.S. District Court, Adams & Boyle, P.C., et al. v. Slatery, et al.
NOTE: FACT provides links to external websites for educational purposes only. The inclusion of any links to other websites does not necessarily constitute an endorsement.
In making its decision last week, the three-judge panel of the 6th Circuit distinguished its holding from a decision of the 5th U.S. Circuit Court of Appeals on a similar executive order in Texas. Specifically, Judge Karen Nelson Moore noted that the Texas executive order contained a provision not included in the Tennessee order that allowed “doctors to perform procedures that, in their clinical judgment, ‘would not deplete the hospital capacity or the [PPE] needed to cope with the COVID-19 disaster.’”
At this point, the court has not indicated whether it will grant an en blanc hearing.
News Sources
Decision of U.S. Court of Appeals, Sixth Circuit, Adams & Boyle, P.C., et al. v. Slatery, et al.Decision of U.S. District Court, Adams & Boyle, P.C., et al. v. Slatery, et al.
NOTE: FACT provides links to external websites for educational purposes only. The inclusion of any links to other websites does not necessarily constitute an endorsement.
