Tennessee Judges Rule Doctors Can't Face Discipline for Emergency Abortions

NASHVILLE, Tenn. -- A three-judge panel ruled that Tennessee doctors who provide emergency abortions to safeguard a mother's life cannot face license revocation or disciplinary actions while a lawsuit challenging the state's stringent abortion ban is underway.

The ruling specifies certain pregnancy-related conditions that qualify as "medical necessity exceptions" under the current ban, which lacks exceptions for fetal anomalies, rape, or incest. The judges highlighted the confusion and discord within the Tennessee medical community regarding the circumstances that necessitate health- and life-saving abortion care.

This decision is viewed as a victory for reproductive rights advocates who claim that Tennessee's abortion ban, effective since 2022, is overly vague and imposes undue legal risks on healthcare providers. However, the judges clarified that, as a chancery court, they lack the authority to counteract the criminal penalties embedded in the ban, which could impose felony charges with potential prison sentences of up to 15 years.

Therefore, while physicians will not face disciplinary measures from the Attorney General or the Tennessee Board of Medical Examiners, they may still confront criminal charges under the latest ruling. The lawsuit was initiated last year by women and doctors seeking clarity on the legal conditions for obtaining an abortion, specifically urging the court to consider fatal diagnoses.

The Attorney General's office, which is representing the state in this legal challenge, has not yet provided a comment. This case is part of a series of lawsuits in Republican-led states following the U.S. Supreme Court's decision to overturn the constitutional right to abortion in 2022.