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VOL. 39 | NO. 7 | Friday, February 13, 2015
Tennessee attorney general: Constitutionality of abortion laws unclear
NASHVILLE (AP) - The Tennessee attorney general's office says it's unclear whether abortion restrictions struck down by the state Supreme Court 14 years ago would be upheld today.
State Sen. Randy McNally said he requested the Feb. 6 attorney general's opinion to find out where things stand legally now that the Tennessee Constitution has been amended to make clear that it does not protect abortion.
The Tennessee Supreme Court's 2000 decision said that abortion was part of a woman's fundamental right to privacy. As part of that decision, the court struck down laws requiring a two-day waiting period and mandatory physician-only counseling and preventing second-trimester abortions from taking place anywhere but in a hospital.
Several bills restricting abortion have been introduced this year, including legislation that seeks to restore the informed consent and waiting period laws that were in place before 2000.
According to the atto rney general's opinion, it is unclear whether those laws, if re-enacted, would be found constitutional by the courts. That's because abortions still are protected by the U.S. Constitution.
The U.S. Supreme Court has said restrictions on abortion are constitutional as long as they do not place an undue burden on women seeking abortions.
The Tennessee Supreme Court's 2000 decision found that the abortion laws violated a woman's fundamental constitutional rights, and the opinion also declared the laws an undue burden on women. A court reviewing the laws today would have the choice of deferring to that precedent or re-examining the laws' constitutionality, the opinion says.
McNally said he hopes the opinion will help guide lawmakers in crafting laws that will stand up to a constitutional challenge.