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Sixth Cir. Upholds Block on Tennessee Age, Reason Abortion Bans

Sept. 10, 2021, 6:50 PM

Tennessee laws criminalizing abortions performed at previability gestational ages or solely because of the fetus’ race, sex, or prenatal diagnosis of Down syndrome won’t take effect before there is a decision on their constitutionality, a split Sixth Circuit said Friday.

The state’s “heartbeat” law operates in a cascading fashion. It prohibits abortions after fetal cardiac activity is detected at about six weeks’ gestation and—if that section is found invalid—at successive gestational ages ranging from 8 to 24 weeks, the U.S. Court of Appeals for the Sixth Circuit explained in an opinion by Judge Martha Craig Daughtrey.

It would effectively completely ...

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