Federal Judge Temporarily Blocks Tennessee Abortion Restrictions

Less than an hour after Gov. Bill Lee signed a bill creating widespread restrictions on abortion into law on Monday morning, a federal judge issued a temporary restraining order that will block the abortion bans from going into effect for two weeks. The restraining order was granted at the request of Center for Reproductive Rights, Planned Parenthood and the American Civil Liberties Union, who are among the plaintiffs currently challenging the law in federal court.

The so-called “heartbeat” bill would ban abortions after a fetal heartbeat is detected, which usually happens after six weeks of pregnancy — well before many women realize they are pregnant. The bill would also make performing such abortions a Class C felony, punishable with up to 15 years of prison time and a $10,000 fine.

The bill, considered one of the most restrictive abortion laws in the country, was passed at the end of a legislative session that was supposed to focus solely on the state’s response to the COVID-19 pandemic. The ban was immediately and widely criticized by pro-choice advocates, who filed a lawsuit against the bill after it passed in the state legislature.

"While we can enjoy a moment of relief today, we can’t forget that legislators passed this dangerous abortion ban in the dead of night without any public input," said Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America, in a joint statement with members of the ACLU and Center for Reproductive Rights. "While the country rises up against racism, it’s important to recognize that these laws are inherently discriminatory. Abortion bans are part of a larger public health care system that targets people of color through barriers to care, and systemically erases their freedoms and bodily autonomy."

The Tennessee Senate Democratic Caucus also issued a statement criticizing Lee for signing the bill on Monday.

"Women should be able to choose when they are ready to start a family without any interference from the governor and radical politicians in the state legislature,” reads the statement. “Instead, Gov. Bill Lee has signed a dangerous law that places his office between a woman, her doctor and her family. This is election year pandering at its worst and, on top of that, an unconstitutional waste of taxpayer resources to attack a woman's right to making a private healthcare decision."

Trump-appointed U.S. District Judge William L. Campbell Jr. issued the restraining order, saying that plaintiffs demonstrated that patients seeking abortions “will suffer immediate and irreparable injury.”

“The Act will immediately impact patients seeking abortions and imposes criminal sanctions on abortion providers,” wrote Campbell. “The time-sensitive nature of the procedure also weighs in favor of injunctive relief pending a preliminary injunction hearing.”

The temporary restraining order is set to expire July 27 at noon. The plaintiffs’ request for a preliminary injunction will be considered at a hearing on July 24.