AG Slatery Responds to Sixth Circuit Decision Upholding 48 Hour Waiting Period for Abortions

The full Sixth Circuit Court of Appeals held that Tennessee’s 48-hour waiting period for abortions is constitutional. The Court’s ruling reverses the district court’s decision in Bristol Regional Women’s Center v. Slatery.

In its opinion, the Court recognized that, “before making life’s big decisions, it is often wise to take time to reflect. The people of Tennessee believed that having an abortion was one of those decisions. So they passed a law requiring a waiting period of 48 hours.”

“The Sixth Circuit’s decision is gratifying for several reasons,” said Attorney General Herbert H. Slatery III. “First, the result: a law passed by our representative lawmakers and signed by the Governor five years ago—yes, five years ago—is constitutional. It has been on the books a long time. The Court concluded that, during this time, the 48-hour waiting period has not been a substantial obstacle to getting an abortion in Tennessee. Second, the opinion was a reasoned analysis of the law and the lack of proof offered by the plaintiffs, rather than a decision based on policy. Also, this ruling comes after the full Court reconsidered an earlier decision by a three-judge panel of the same Court.”

To read the ruling, click here: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2021/pr21-26-opinion.pdf