Tennessee's 48-hour abortion waiting period upheld by full U.S. 6th Circuit Court of Appeals

MARIAH TIMMS | NASHVILLE TENNESSEAN | 13 hours ago

Tennessee's 48-hour abortion waiting period will remain in effect, after the U.S. Sixth Circuit Court of Appeals ruled it constitutional Thursday.

The 2015 law requires a patient seeking an abortion first to be counseled by a doctor in-person and then wait at least 48 hours before returning for an abortion procedure.

A lawsuit against the rule was filed soon after it passed, but it sat largely dormant until October, when a lower court ruled it unconstitutional. District Judge Bernard A. Friedman wrote the state had failed to show the waiting period helps with the its claim to protect fetal life.

In April, the full appeals court ruled in favor of the state's motion for a stay of Friedman's ruling to allow the law to remain in effect while an appeal continues.

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