A company that operates abortion clinics in Nashville and Bristol filed a lawsuit on Thursday challenging the requirements and asked USA District Court Judge Kevin Sharp to block the law from taking effect, saying it was impossible to meet the deadline for licensing.
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Tennessee would join 22 states that require abortion providers to meet ambulatory surgical center standards if the law stands, according to the Guttmacher Institute, a research group that supports access to abortion. Another requires physicians performing abortions to have admitting privileges at a nearby hospital.
A federal judge ruled on Friday that two Tennessee abortion clinics can remain open for now.
The ruling was but the latest turn in a spate of battles playing out in courts and in statehouses across the country about laws that place limits on women’s ability to seek an abortion. The first court date is set for August 24, but attorneys for the plaintiffs are seeking a faster review.
“A lawsuit brought by those who profit from the killing of unborn children should not surprise anyone”, said Brian Harris, president of Tennessee Right to Life. Judge Sharp said that these clinics have been providing safe abortion care to Tennessee women for decades.
There are presently seven abortion providers in Tennessee. A fifth provides only medication abortions, commonly known as the “abortion pill”, and is not required to meet the new guidelines.
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The Memphis Center for Reproductive Health, Adams & Boyle PC and obstetrician-gynecologist Dr. Wesley Adams Jr. said that three requirements are unlawfully restrictive. The suit claims that their efforts were stymied by state officials who didn’t make an application form available until June 16. To get the license from the state health department, existing clinics should submit proper architectural plans, renovate their buildings and then clear a site inspection, which will be scheduled 30 to 45 days in advance.
