NASHVILLE, Tenn. – The Tennessee attorney general’s office says it would defend an amended abortion bill in court if it becomes law, despite previously calling the legislation’s key restrictions “constitutionally suspect.”
The bill would ban abortions after 20 weeks if doctors determine the fetus is viable through required testing. The ban wouldn’t apply in medical emergencies or if the mother faces risks of death or serious damage to a major bodily function.
Attorney General Herbert Slatery had initially questioned the bill’s constitutionality in an opinion last month. His spokesman, Harlow Sumerford, has since said “the law to some degree is unsettled” surrounding the proposal. The opinion “points out that the statute might not necessarily be immune to legal challenges,” Sumerford said.
Anti-abortion advocates contend they have since amended the bill and addressed issues of constitutionality. The American College of Obstetricians and Gynecologists’ state chapter still worries doctors could be at risk of facing criminal charges for simply using their best medical judgment, a main issue raised in the attorney general’s opinion.
The bill by Rep. Matthew Hill, a Jonesborough Republican, and Sen. Joey Hensley, a Republican from Hohenwald, could receive a Senate floor vote this week. It cleared a House committee Tuesday and appears poised for a floor vote in that chamber as well.