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Morning Briefing

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Thursday, Oct 15 2020

Full Issue

Tennessee's Abortion Waiting Period Law Struck Down

In his ruling, federal judge Bernard Friedman called Tennessee's 48-hour waiting period “gratuitously demeaning" as well as "highly insulting and paternalistic" to women seeking an abortion. Meanwhile, Texas' attorney general indicates he will seek an appeal of another abortion law just blocked in court.

A federal judge on Wednesday declared a 2015 Tennessee law that requires a waiting period before an abortion unconstitutional. The law required anyone seeking an abortion to make two trips to a clinic. The first visit for in-person counseling by a doctor. The individual must then must wait at least 48 hours before returning for an abortion.  (Timms, 10/14)

The ruling was significant, as it was the first by a federal court to strike down a waiting period since a 1992 U.S. Supreme Court decision upheld a 24-hour waiting period in Pennsylvania, according to the Center for Reproductive Rights, which represented the Tennessee clinics that sued to stop the law. And although it is unlikely to have an immediate effect in other states, it sets a precedent for other federal courts to cite when reviewing similar laws. Waiting periods are one of a number of abortion restrictions that could ultimately be ruled upon by the Supreme Court, which could tip further to the right if President Trump’s latest nominee, Amy Coney Barrett, is confirmed, as expected, by the U.S. Senate. (Levenson and Tavernise, 10/14)

A federal appeals court on Tuesday blocked Texas' ban on the safest and most common second-trimester abortion procedure in a 2-1 ruling, saying the law “unduly burdens a woman’s constitutionally protected right to obtain a pre-viability abortion.” Attorney General Ken Paxton is likely to ask the entire 5th U.S. Circuit Court of Appeals — on which appointees of Republicans outnumber appointees of Democrats 12-5 — to reconsider the ruling by a three-judge panel of its members. (Briseno, 10/14)

In Planned Parenthood news —

Protesters and counterprotesters clashed Tuesday outside of a Planned Parenthood clinic in Walnut Creek, Calif., in an incident that resulted in multiple people being pepper sprayed. According to NBC News, a group of anti-abortion protesters and counterprotesters regularly demonstrate outside the Planned Parenthood but on Tuesday, the anti-abortion protesters arrived with its own group of armed security guards. (Seipel, 10/14)

Women — and some men — from all walks of life are sharing personal and touching stories about how Planned Parenthood has drastically changed their lives for the better. On Wednesday, the hashtag #ThanksPlannedParenthood began to trend on Twitter as people spoke out about how the reproductive health care nonprofit provided them with medical care, guidance and support when they had nowhere else to turn. (Wanshel, 10/14)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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