TBA Law Blog

Posted by: Kate Prince on Apr 6, 2021

Tennessee yesterday asked the U.S. Supreme Court to reinstate a 48-hour waiting period for abortions while the case challenging it makes its way through the appeals process, Reuters reports. The 2015 law requires women to wait at least 48 hours before moving forward with an abortion. It was struck down by a district court judge in October who said the law placed an unconstitutional burden on women. The 6th U.S. Circuit Court of Appeals in February denied the state’s request to stay the lower court’s order, but the appeal was allowed to proceed. In its filing with the high court, the state noted that 14 other states have similar laws, but that “Tennessee is the only state in the nation that cannot enforce its law because of a federal judicial decree.” It further defended the law, saying that “some women will choose abortion without making an ‘informed and deliberate’ decision ... and some will later come to regret that irreversible decision.”