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Judge rules abortions can proceed in Tennessee amid pandemic

The federal judge says Tennessee's stay-at-home order violates women's constitutional right to an abortion. File Photo by Kevin Dietsch/UPI
The federal judge says Tennessee's stay-at-home order violates women's constitutional right to an abortion. File Photo by Kevin Dietsch/UPI | License Photo

April 18 (UPI) -- A federal judge in Tennessee ruled that the state's stay-at-home order can't block abortions because they're "time-sensitive procedures."

District Judge Bernard Friedman said Gov. Bill Lee's order barring non-emergency medical procedures amid the coronavirus pandemic must not infringe on women's constitutional rights to an abortion.

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"Abortion is a time-sensitive procedure," the ruling issued Friday said. "Delaying a woman's access to abortion even by a matter of days can result in her having to undergo a lengthier and more complex procedure that involves progressively greater health risks, or can result in her losing the right to obtain an abortion altogether."

Lee issued a stay-at-home order March 31, shutting down non-essential businesses and banning elective, non-emergency medical procedures, and urging residents to remain at home whenever possible.

A group of abortion advocacy groups and individuals -- CHOICES Memphis Center for Reproductive Health, Knoxville Center for Reproductive Health, Planned Parenthood of Tennessee and North Mississippi, Adams & Boyle P.C., and Dr. Kimberly Looney -- sued the state over the restrictions on abortions, which Lee's order considered elective.

"We thank our hard working dedicated lawyers and the judge's level-headed verdict protecting women's constitutional rights to bodily autonomy ... even and especially during this pandemic," the Knoxville Center for Reproductive Health said in response to the ruling.

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Several other states, including Texas, Oklahoma, Iowa and Alabama, have faced similar legal battles over whether abortions should be allowed during COVID-19-related shutdowns.

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