Tennessee Court Delays Abortion Ban Trial Using New Appeals Law
Tennessee court puts abortion ban trial on indefinite hold after state uses new appeals law, leaving women waiting months to share their medical stories.
NASHVILLE, TENNESSEE — A Tennessee court has postponed a trial challenging the state’s abortion ban after state officials invoked a newly passed appeals law, leaving plaintiffs like Katy Dulong waiting longer to share their stories in court.
The trial was scheduled to begin Monday, but the state filed an appeal to a higher court this week using legislation passed by the Tennessee Legislature in March. The court granted the state’s request and put the proceedings on hold.
Dulong experienced severe complications after a Tennessee hospital denied her an abortion following miscarriage complications in November 2022. She was 16 weeks pregnant when complications led to a miscarriage, long before fetal viability, but the hospital sent her home to miscarry naturally under the state’s abortion ban, which had been in place for only a few months.
Medical Emergency Develops
When Dulong did not miscarry on her own, a severe infection began developing 10 days later. She was finally able to convince doctors to provide medical intervention at that point. The experience left her with post-traumatic stress disorder.
“It’s shocking to me that there’s anyone in this world that would have such opposing views to think that our voices don’t matter,” Dulong said in an interview. “How are they taking away our voice right now?”
Legal Strategy Questioned
The delay represents what Dulong and other plaintiffs view as an attempt by the state to silence their testimonies. The legal challenge involves multiple women who experienced complications under Tennessee’s abortion restrictions.
Among the other plaintiffs is Allie Phillips, who unsuccessfully ran for a legislative seat in 2024 based partly on her story of having to leave Tennessee for a medically necessary abortion. Phillips is running for office again this year.
In February, the state filed a motion to dismiss the lawsuit, arguing it could not be sued by the plaintiffs under sovereign immunity protections. The Tennessee Legislature then passed new legislation in April that expanded the attorney general’s rights to appeal case rulings.
Timeline Uncertainty
Court officials have not provided a specific timeline for when the appeals process might conclude. The delay means it will be months before the lower court can proceed with the original trial.
The case highlights ongoing legal battles over Tennessee’s abortion restrictions and their implementation in medical settings. The women involved in the lawsuit represent cases where medical professionals and patients navigated the ban’s requirements during pregnancy complications.
The Tennessee Attorney General’s office has not publicly commented on the specific timeline for the appeals process or when the trial might be rescheduled.
