The Tennessee Medical Association (TMA) submitted an amicus brief to the Tennessee Court of Appeals in the case of Allyson Phillips (Plaintiff) v. the State of Tennessee (Defendant) in support of the Plaintiff physicians’ position. The lawsuit challenges Tennessee’s criminal abortion law on several grounds. TMA argues that the law inhibits Tennessee physicians from being able to timely offer abortion care that is within the standard of care for pregnant Tennesseans with high-risk or complicated pregnancies because it has a vague and confusing exception that fails to protect physicians.   

Further arguments state that subjecting Tennessee physicians to liability under the state’s criminal abortion law creates issues with physicians’ ethical obligations to patients. TMA emphasizes that attention given by the association focuses on medically necessary abortion care.  

“The consequences of the criminal abortion law potentially harm all Tennessee patients with high-risk and complicated pregnancies, but that harm disproportionately falls on Tennessee’s most vulnerable populations,” reads the introductory statement. “Even before the law, Tennessee was experiencing a significant shortage of ob-gyn care, especially in rural areas. Now that the law is in effect, ob-gyn residents must leave the state for portions of their residency training to receive abortion training. This discourages ob-gyn residents and medical students from choosing to learn or practice medicine in Tennessee, and exacerbates an existing physician shortage.”

TMA submitted the brief on Oct. 7. This brief is one example of how TMA continues to advocate for protection of the ability to practice necessary reproductive care as well as the health of mothers in Tennessee. The association continues to fight on the defense during legislative sessions, working to defeat bills that could harm physicians and patients.

Read the full amicus brief here. For questions, reach out to legal@tnmed.org.

The Tennessee Medical Association is a nonprofit professional organization for Tennessee physicians. TMA represents more than 10,000 Tennessee physicians and physicians-in-training. The organization advocates for public policies, laws and rules that promote healthcare safety and quality for all Tennesseans and improve the nonclinical aspects of practicing medicine. Learn more at tnmed.org.