More women join challenge to Tennessee’s abortion ban law

Class Action News

More women on Monday joined a Tennessee lawsuit challenging the state’s broad abortion ban that went into effect shortly after the U.S. Supreme Court overturned Roe v. Wade in 2022.

The legal challenge is part of a handful of lawsuits filed across the U.S. in Republican-dominant states seeking clarity on the circumstances that qualify patients to legally receive an abortion.

Here is the latest on what’s going on in Tennessee and where many of the lawsuits stand. On Monday, four more women joined the legal battle in Tennessee that first was filed in September— bringing the total of plaintiffs suing over the state’s abortion ban to nine, including two doctors.

Three of the women added Monday were denied abortions while experiencing severe pregnancy complications, forcing them to travel out of state to get the procedure.

Among the new plaintiffs is Rebecca Milner, who learned she was pregnant with her first child in February 2023 after several years of unsuccessful fertility treatments.

According to court documents, Milner was told at a 20-week appointment that the amniotic fluid surrounding her baby was low. A specialist later said that her water had broken likely several weeks before and that nothing could be done to save the baby.

However, her doctor said that Tennessee’s abortion ban prohibited abortion services in her situation.

That’s because the ban only explicitly lists ectopic pregnancies and miscarriages as legally allowed exemptions. While the law also allows doctors to use “reasonable medical judgment” when determining if an abortion is necessary to prevent the death of a pregnant patient or to prevent irreversible, severe impairment of a major bodily function, medical experts have criticized this provision as too vague, one that puts doctors at a high legal risk of violating the statute.

In Milner’s case, court documents state that she eventually traveled to Virginia for an abortion and returned to Tennessee with a high fever. Doctors told her that she had an infection and that the delay in getting an abortion allowed the infection to worsen.

Related listings

  • Alaska Supreme Court justices call for system improvements

    Alaska Supreme Court justices call for system improvements

    Class Action News 06/10/2020

    The justices of the Alaska Supreme Court have called for improvements within the judicial system to ensure equitable and fair treatment for people of color. The four justices posted a letter online Friday saying there needs to be systematic improveme...

  • Poland's president appoints acting head of Supreme Court

    Poland's president appoints acting head of Supreme Court

    Class Action News 05/01/2020

    Polish President Andrzej Duda on Thursday appointed an acting head of the beleaguered Supreme Court following the retirement of its president, who had vehemently defended its independence.The court under Malgorzata Gersdorf has been critical of the s...

  • Supreme Court sides with government in immigration case

    Supreme Court sides with government in immigration case

    Class Action News 04/23/2020

    The Supreme Court is making it harder for noncitizens who are authorized to live permanently in the United States to argue they should be allowed to stay in the country if they've committed crimes.The decision Thursday split the court 5-4 along ideol...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.