Federal court says Tennessee can now ban abortions at 6 weeks

Effective immediately, abortions performed or attempted after six weeks are now illegal in the state of Tennessee.

The 6th U.S. Circuit Court of Appeals gave the green light Tuesday morning to lift an injunction against a 2020 law banning abortions after six weeks of pregnancy. Tennessee Attorney General Herbert Slatery filed a motion to the court just after the Supreme Court’s decision last week, joining a handful of other Republican–led states in putting in motion immediate bans.

CEO of Planned Parenthood of Tennessee and North Mississippi Ashley Coffield told reporters this ban will essentially stop all abortions.  

“The six-week ban in Tennessee is a near-total abortion ban because most people don’t know that they’re pregnant by that point,” said Coffield.

A gestational age of six weeks means a person has missed their period by two weeks, assuming a regular menstruation cycle. Coffield says on top of that, the states 48-hour waiting period makes it even more difficult to meet that narrow window.  

Tennessee’s main abortion providers have already mostly ceased abortion services since the U.S. Supreme Court ruling. 

“This decision was not made lightly and it’s due to Tennessee’s legal landscape, and it’s due to Tennessee’s legal landscape, which is extremely hostile to abortion access,” said Coffield on their decision.

Trigger Ban

Separately, the state has already begun the process of enacting its trigger law that will ban all abortions in the state, even before six weeks. 

Once the U.S. Supreme Court issues its judgment on Dobbs, which is expected by mid-July, the 30-day clock will start. After that time period, the “Tennessee Human Life Protection Act” will become law, prohibiting all abortions after fertilization. The only exceptions will be to prevent a pregnant patient’s death or major physical impairment.