MEMPHIS, Tenn — The Tennessee attorney general’s office filed an emergency motion on Friday asking a federal appeals court to let the state immediately begin banning abortions as early as six weeks into pregnancy.
The state also has a trigger law that was written to ban nearly all abortions if Roe v. Wade was overturned. That ban cannot take effect until 30 days after Friday’s U.S. Supreme Court ruling. But the six-week ban could be implemented as early as next week, if the 6th U.S. Circuit Court of Appeals agrees to lift a court injunction.
Tennessee's emergency motion urges the appeals court to move quickly.
Tennessee has a “valid interest in protecting the lives of unborn Tennesseans," the motion states. ”Those lives are at risk each day the preliminary injunction remains in place, so this Court should grant the State’s motion as soon as possible."
The law would effectively criminalize anyone who provides abortion services in the state. The law makes it a Class C felony to provide abortion treatments, and takes away the license of any medical professional who administers such treatments.
Because it charges people with a felony, they also can lose their voting rights and face consequences like prison time or fines.
It also specifically does not try to punish women who receive abortion treatments. It allows abortion treatments if the mother's life would be at risk, but specifically excludes cases where a provider treats someone by giving them an abortion because they could attempt to kill themselves. Abortions in those cases would be illegal.
In the appeal to the court, the Attorney General claimed that the 30-day waiting period goes against Tennessee's constitution, which he said explicitly restricts abortion treatments. In essence, he says criminal charges need to be immediately put on the books for abortion treatment providers so the state's legislation can stay in line with its constitution.
Slatery asked the courts to respond as soon as possible, and wants the plaintiffs in the case, which includes the Memphis Center for Reproductive rights, to reply by midafternoon.
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