TBA Law Blog

Posted by: Stacey Shrader Joslin on Oct 14, 2020

A federal judge today declared unconstitutional a 2015 Tennessee law that requires waiting periods before an abortion, the Tennessean reports. The law required a woman seeking an abortion to make two trips to a clinic: one for in-person counseling with a doctor and one at least 48 hours later for the procedure. Three of the state's abortion providers challenged the law, arguing it stigmatizes women seeking abortions and imposes particularly tough burdens on low-income women. The state argued it has two key interests in maintaining a waiting period: protecting fetal life and providing women time to form "mental clarity" about their decision.