Tennessee Abortion Providers Join Fight Against Pandemic Orders

A Tennessee coronavirus emergency order that has the effect of banning abortion for women who are more than 11 weeks pregnant is unconstitutional, abortion providers in the state seeking permission to add the claim to an existing federal lawsuit said.

Adding the claim, rather than forcing the providers to file a new action, will promote judicial economy, Adams & Boyle PC told the U.S. District Court for the Middle District of Tennessee Monday. The existing suit claims a law that requires women to first see their doctor at least 48 hours before obtaining an abortion is unconstitutional.

The move mirrors one by providers in Arkansas, who filed a similar motion Monday. As in that case, the Tennessee providers also filed a motion for a temporary restraining order to halt the state from forcing them to stop performing abortions during the pandemic.

Tennessee Gov. Bill Lee (R) issued an order April 8 that limits nonemergency health-care procedures in an effort to stop the spread of Covid-19, the disease caused by the coronavirus. The order effectively bars patients from receiving surgical abortions, the providers said. Because Tennessee bans medication abortions after 11 weeks, it also bans all abortions for patients who are more than 11 weeks pregnant, they said.

Providers also are fighting Covid-19 related orders that effectively ban abortions in Texas, Oklahoma, Ohio, and Alabama.

The American Civil Liberties Foundation of Tennessee, Barrett Johnston Martin & Garrison LLC, Jessee & Jessee, Kramer Levin Naftalis & Frankel LLP, the Center for Reproductive Rights, the American Civil Liberties Union Foundation, and the Planned Parenthood Federation of America represent the providers.

The Tennessee Attorney General’s Office represents the state.

Planned Parenthood has received funding from Bloomberg Philanthropies, the charitable organization founded by Michael Bloomberg. Bloomberg Law is operated by entities controlled by Michael Bloomberg.

The case is Adams & Boyle PC v. Slatery, M.D. Tenn., No. 15-cv-705, motion to supplement complaint filed 4/13/20.