Are Tennessee women and physicians protected or exposed in recent state and federal changes in abortion law? Is there any exception for an abortion to save the life of the woman?
This video discussion between state Rep. Gloria Johnson (on left) and attorney Chloe Akers seeks to clarify:
The text of Tennessee’s Human Life Protection Act is 909 words long, including its date of passage and the first and last names of its co-sponsors. Contrary to the claims of these sponsors and various Republican candidates to replace them, the word “exception” is not included in the document.
Passed in May 2019, this “Trigger Law” was designed in anticipation of the US Supreme Court overturning Roe v Wade and setting state legislatures free to ban abortion. Tennessee’s new law, along with Idaho’s, prohibits abortion from the moment of conception and contains no exceptions, making it is the most draconian in the country, notwithstanding claims of Republican officeholders and candidates to the contrary.
Abortions will be legally banned with no exceptions for the life or the health of the mother. Victims of rape and/or incest, will also be out of luck, regardless of age.
What the bill does do is provide is something called an “affirmative medical defense” for medical professionals who have been charged with the Class C felony of “criminal” abortion, which punishable by up to 15 years imprisonment.
Anyone who is familiar with the length of time it takes to grind out justice in this state’s court system knows that this process takes months, if not years (although some lawmakers seem to be counting on local district attorney generals to refuse to prosecute such cases).
Will the doctor and medical team have lost their licenses while they wait for “justice?” Who will pay their legal fees? How will they deal with the stigma of unresolved felony charges? If found not guilty, would anyone reimburse them for the harm done to their reputations and pocketbooks?
Will a letter from 700 Tennessee physicians and medical personnel requesting the state to reconsider the consequences of the ‘Heartbeat’ law have any effect?
Excerpt: ”Tennesseans should have the right to make personal health care decisions with the assistance of their doctors and healthcare team — without the intrusion of politicians … We stand united in support of Tennesseans to make their own medical decisions, including abortion care.”
The letter clearly impacted state Sen. Richard Briggs, a heart surgeon who was a co-sponsor of the bill, and Mark Green, a physician and ultra-conservative Middle Tennessee member of Congress. Both are calling for parts of the law to be reconsidered.
Lt. Governor Randy McNally, an Oak Ridge Republican and a retired pharmacist who represents a swath of north Knox County that stretches all the way to downtown Knoxville, does not appear to be swayed. In a somewhat confusing statement, McNally seems to insist that there are implied legal protections in the law for medical personnel who perform abortions to save mothers’ lives versus those who serve women who are having abortions for convenience.
“While I respect Rep. Green and he is entitled to his opinion, there is a lot of misinformation being transmitted to doctors and hospitals regarding our abortion law. Purely elective abortions remain the target of this law. While I am open to having the clarification conversation, I believe our law currently covers only elective abortions and that doctors already have the protections they need to provide medically necessary care to pregnant women.”
McNally’s argument doesn’t sit well with Knoxville attorney Chloe Akers, who gave up her job with a downtown law firm to devote her time to this issue. She founded a non-profit called Standing Together Tennessee Inc. to defend women’s healthcare rights and healthcare providers. This story explains her position.
The doctor/lawmakers’ call for reconsideration of portions of the law doesn’t impress her, either. And if they don’t know her now, they soon will. She’s already become a force to be reckoned with and will no doubt spending time in Nashville this winter. She has little patience with those who helped pass the abortion ban.
“It’s called a trigger ban for a reason. So, they’re going to create a law that’s going to seismically change abortion law after the Supreme Court takes back a longstanding right by reversing Dobbs (Dobbs v. Jackson Women’s Health Organization, the Supreme case that overturned Roe v Wade), and on the heels of that we’re going to create a law that will criminalize a medical procedure in its entirety?
“When Dobbs was decided, I kept wondering, ‘Where’s the website for providers about how to navigate this new landscape?
“Just crickets. Take away a right and take away a law; and we’re not supposed to say a damn word? They have lit the dumpster fire, created a nightmare and walked away. Now they come back and say, ‘Maybe we should fix it.’”
Akers said the 2014 constitutional amendment declaring that nothing in the Tennessee state constitution ”secures or protects a right to abortion or requires the funding of an abortion” precludes legal challenges.
“The only way the trigger ban is going to be changed is through the legislative process. There is no federal constitutional right (to abortion) and no state right. Maybe they should have paid attention in the beginning. It is personally offensive to me. I am actually a criminal defense lawyer. I have skin in this game.”
Betty Bean writes a Thursday opinion column for KnoxTNToday.com.