TBA Law Blog


Posted by: Stacey Shrader Joslin on Jun 24, 2022

The U.S. Supreme Court ruled 6-3 today in Dobbs v. Jackson Women's Health Organization that no constitutional right to abortion exists and that previous court rulings in Roe v. Wade and Planned Parenthood v. Casey were decided in error. The ruling returns the issue of abortion access to the states, where it was decided before the Roe case in 1973. The ruling came in a case challenging a Mississippi law outlawing abortions after 15 weeks. Under Roe, abortions were protected until the “point of fetal viability” or around 24 weeks. In a separate opinion, Chief Justice John Roberts supported the Mississippi law but said he would have preferred a more incremental approach that would not have required overturning Roe outright. In another separate opinion, Justice Clarence Thomas urged the court to use the same logic it used in the Dobbs case to overturn precedents on contraceptives and LGBTQ rights. The court’s three dissenting justices wrote in their opinion that the majority decision means that “from the very moment of fertilization, a woman has no rights to speak of.” The Hill has more on each of these stories.

Under a trigger law previously enacted by the Tennessee legislature, abortions in the state will be banned “within weeks,” Axios Nashville reports. Under the law, performing or attempting to perform an abortion will become a Class C felony, punishable by up to 15 years in prison and a fine of up to $10,000. Exceptions would be allowed if the pregnancy puts the mother's life in jeopardy or if there is a "serious risk of substantial and irreversible impairment of a major bodily function." Mental health threats, including the threat of self-harm, would not qualify, and there are no exceptions for rape or incest. Tennessee Attorney General Herbert H. Slatery III held a press conference this afternoon to announce he will notify the Tennessee Code Commission in writing that Roe and Casey have been overruled, and has asked the full 6th Circuit Court of Appeals to stay the district court’s injunction of the state’s heartbeat abortion law, so that law can go into effect as soon as possible. Read his full statement.