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Federal judge rules Tennessee abortion law unconstitutional

beefheart

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Very good news.

https://abcnews.go.com/Health/wireS...nessee-abortion-law-unconstitutional-73612232


NASHVILLE, Tenn. -- A federal judge on Wednesday ruled that Tennessee’s 48-hour waiting period law for abortions is unconstitutional because it serves no legitimate purpose while placing a substantial burden on women who seek abortions in Tennessee.

Tennessee’s 2015 law requires women to make two trips to an abortion clinic, first for mandatory counseling and then for the abortion at least 48 hours later.


In his ruling, U.S. District Judge Bernard Freidman found that the state could not show that the law furthers its purported goals.

“Women’s mental and emotional health is not benefited because the mandatory waiting period does nothing to increase the decisional certainty among women contemplating having an abortion," Friedman wrote. “Further, the evidence demonstrates that at least 95% of women are certain of their decisions, post-abortion regret is uncommon, and abortion does not increase women’s risk of negative mental health outcomes.”

Friedman, an appointee of President Ronald Reagan, found the testimony of the state’s main witness to be “not credible and not worthy of serious consideration.”

Priscilla Coleman, a psychology professor at Bowling Green State University in Ohio, testified at trial that abortion is associated with mental health problems and said she believes most of the scientific literature on abortion is politically biased in favor of abortions.

Directors of Tennessee abortion clinics testified at trial that the wait period causes women financial hardship and stress. They also said the two-visit requirement poses logistical challenges for patients and clinics that cause abortions to be delayed far beyond the 48 hours required by law, pushing some women into surgical abortions, which have greater risks of complications. A few women are pushed beyond the time when they can receive an abortion altogether.

Friedman found that the evidence supported those claims because second trimester abortions had increased since the law went into effect and safer medication abortions had decreased.

In addition, Friedman said the mandatory waiting period is “gratuitously demeaning" by treating women as incapable of making rational decisions.

“Defendants’ suggestion that women are overly emotional and must be required to cool off or calm down before having a medical procedure they have decided they want to have, and that they are constitutionally entitled to have, is highly insulting and paternalistic – and all the more so given that no such waiting periods apply to men," he wrote.
 
The American Taliban will never stop attacking Womens Reproductive Rights.

And if this current SCOTUS nominee is appointed, you better believe there will be a wave, a tidal wave of Theocratic nonsense to come out of every red state that can pass it to attack reproductive rights any way they can.

Theocratic Authoritarianism is alive and well in the United States and will continue to be.
 
Very good news.
Friedman found that the evidence supported those claims because second trimester abortions had increased since the law went into effect and safer medication abortions had decreased.

In addition, Friedman said the mandatory waiting period is “gratuitously demeaning" by treating women as incapable of making rational decisions.

“Defendants’ suggestion that women are overly emotional and must be required to cool off or calm down before having a medical procedure they have decided they want to have, and that they are constitutionally entitled to have, is highly insulting and paternalistic – and all the more so given that no such waiting periods apply to men," he wrote.
The above points are extremely important and if pro-lifers could lift the scales from their eyes and read without bias, they'd realize that this prevents many later term elective abortions...which they object to even more.

But just like the insulting laws where they attempted to force Drs to show women the ultrasound images of the unborn, they recognized that women are not 5 yr olds that need pictures to understand what's happening in their bodies...women do rationally make good decisions for what they need.
 
The American Taliban will never stop attacking Womens Reproductive Rights. And if this current SCOTUS nominee is appointed, you better believe there will be a wave, a tidal wave of Theocratic nonsense to come out of every red state that can pass it to attack reproductive rights any way they can. Theocratic Authoritarianism is alive and well in the United States and will continue to be.

The unintended consequences of this new packed court will be far reaching and devastating in my opinion. Intelligent Republicans will live to regret this theocratic court.
 
I wonder if they are going to bring back stoning for adultery? Nah, too many R's would be getting stoned, that might be a good thing?
 
The above points are extremely important and if pro-lifers could lift the scales from their eyes and read without bias, they'd realize that this prevents many later term elective abortions...which they object to even more.

The scales are lifted every time a pro-life woman has an unwanted pregnancy that the family cannot afford to rains, that will hurt the family or that will force the family into poverty. When that happens to a pro-life family they decide the best thing to do for everyone is to get an abortion. The scales are lifted, but only for that pro-life family. Their abortion is necessary. Other women must pay because they are sluts.
 
From History:
In past centuries, abortion was legal under common law before “quickening,” or when the pregnant woman could feel the fetus move, beginning around 16 weeks. The birth rate steadily dropped in the decades after the American Revolution, as couples sought to control the size of their families for a variety of reasons.

Abortion in the early stages of a pregnancy was common and generally not considered immoral or murderous. Along with breastfeeding, abstinence, the use of the rhythm method, vaginal douching and the use of herbs like pennyroyal or savin, which were believed to stimulate menstruation, abortion was considered part of the universe of what we now call “birth control.” By the 1820s, abortion services and contraceptive devices were advertised in newspapers with coded language.

The right-wing Christians are not going to stop abortions any more then they'll stop crooked politicians.
 
.......The right-wing Christians are not going to stop abortions any more then they'll stop crooked politicians.
By overturning Roe the red states can legally require women to stay pregnant, deny abortion, make it illegal, impose fines and or jail sentences for getting or attempting to get an illegal abortion. No matter what legal steps are taken the effect is the same: the state controls women's most intimate private life.
 
Good. You have to wonder just how useful that 48 hours would be. I wonder if anyone, after having decided on an abortion - for any reason - had changed their minds. I would be no one.
 
The American Taliban will never stop attacking Womens Reproductive Rights.

And if this current SCOTUS nominee is appointed, you better believe there will be a wave, a tidal wave of Theocratic nonsense to come out of every red state that can pass it to attack reproductive rights any way they can.

Theocratic Authoritarianism is alive and well in the United States and will continue to be.
Goodness me.... it certainly isn't reproductive rights...... get it right ....it's infanticide rights, with a get out of jail card curtesy from RBG a bitter and twisted old targer!
Isn't it great how twisting a natural body process.... into a right, to commit a crime.....sorry, your caught with dirty hands! Including the word Taliban.... to denigrate the discussion to something horrible.....!
The Taliban have fought Americans for nearly nineteen years.... the poorest and the richest.... and you lost! But by god, you increased production of heroin from 2% under the Taliban, to 126% of the worlds supply! Aye the Taliban, I.e. Freedom fighters or your terrorists!
 
Good. You have to wonder just how useful that 48 hours would be. I wonder if anyone, after having decided on an abortion - for any reason - had changed their minds. I would be no one.
Almost nobody changes their minds. 95% of women that have gotten abortions say it was the right thing to do. PP clinics have a policy that in discussing the abortion, prior to the procedure, if a women seems reluctant or looks like she may be being coerced they do not do an abortion. I expect most abortion clinics have the same policy.
 
Almost nobody changes their minds. 95% of women that have gotten abortions say it was the right thing to do. PP clinics have a policy that in discussing the abortion, prior to the procedure, if a women seems reluctant or looks like she may be being coerced they do not do an abortion. I expect most abortion clinics have the same policy.

Exactly. I can't believe, having gone through making the decision to have an abortion, you're going to suddenly change your mind.
 
Goodness me.... it certainly isn't reproductive rights...... get it right ....it's infanticide rights, with a get out of jail card curtesy from RBG a bitter and twisted old targer!
Isn't it great how twisting a natural body process.... into a right, to commit a crime.....sorry, your caught with dirty hands! Including the word Taliban.... to denigrate the discussion to something horrible.....!
The Taliban have fought Americans for nearly nineteen years.... the poorest and the richest.... and you lost! But by god, you increased production of heroin from 2% under the Taliban, to 126% of the worlds supply! Aye the Taliban, I.e. Freedom fighters or your terrorists!

Abortion =/= Infanticide
 
The Honorable Judge Coaitis Hanger.
 
The Honorable Judge Coaitis Hanger.
I think perhaps judge Friedman helped prevent the abortion by coat hanger era by overturning the waiting period. Will his decision be overturned and the waiting period be reinstalled?
 
The scales are lifted every time a pro-life woman has an unwanted pregnancy that the family cannot afford to rains, that will hurt the family or that will force the family into poverty. When that happens to a pro-life family they decide the best thing to do for everyone is to get an abortion. The scales are lifted, but only for that pro-life family. Their abortion is necessary. Other women must pay because they are sluts.


Yep. The only moral abortion is my abortion mentality.

 
Yep. The only moral abortion is my abortion mentality.

Thanks for posting those incidents of anti-abortion women getting abortions. It would be interesting to hear what the anti-abortion posters here thought of these vignettes of hypocrisy.
 

If you are going to quote me, quote the context. What I said was, "The scales are lifted every time a pro-life woman has an unwanted pregnancy that the family cannot afford to rains, that will hurt the family or that will force the family into poverty. When that happens to a pro-life family they decide the best thing to do for everyone is to get an abortion. The scales are lifted, but only for that pro-life family. Their abortion is necessary. Other women must pay because they are sluts."
 
If you are going to quote me, quote the context. What I said was, "The scales are lifted every time a pro-life woman has an unwanted pregnancy that the family cannot afford to rains, that will hurt the family or that will force the family into poverty. When that happens to a pro-life family they decide the best thing to do for everyone is to get an abortion. The scales are lifted, but only for that pro-life family. Their abortion is necessary. Other women must pay because they are sluts."
Yeah, WTF?
 
By overturning Roe the red states can legally require women to stay pregnant, deny abortion, make it illegal, impose fines and or jail sentences for getting or attempting to get an illegal abortion. No matter what legal steps are taken the effect is the same: the state controls women's most intimate private life.
No they cant. They can ban all facilities to perform abortions but they cant criminalize a woman having one. If she goes to another state, she can have one and return and not be a criminal. The Const foundation to violate a woman's bodily autonomy is not there.
 
Exactly. I can't believe, having gone through making the decision to have an abortion, you're going to suddenly change your mind.
Self-righteous people, esp. religious ones, will harass them scream at them, ask you to pray with them, proselytize to them, try to get their attention....and then basically try to guilt the women into changing their mind. Completely disrespecting her will, her life, her intelligence, her needs.

These are people that value the unborn more than women and dont respect women. If they did, they wouldnt assume they know better than the woman what's best for her life. If they valued the woman, they would respect and support her decision.
 
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