Federal Judge Refuses to Enforce TN Law

Federal Judge Kevin Sharp Issues New Injunction Barring District Attorneys From Enforcing Law

In a federal court hearing on August 13, Chief Judge Kevin Sharp issued a new injunction barring District Attorneys in both Davidson and Sullivan counties from enforcing Tennessee's new state law that requires abortion facilities performing 50 or more surgical abortions annually to be licensed and inspected by the TN Department of Health.  As a result of Sharp's actions, abortion facilities owned and operated by abortionists Gary Boyle and Wesley Adams will continue abortions in their unlicensed facilities without inspection or licensure by the TN Department of Health.

Further, by Sharp's order, these abortion owner-operators cannot be prosecuted for failing to comply with the new state law.

Brian Harris, president of Tennessee Right to Life, called into question the process by which Judge Sharp continues to block enforcement of the newly-enacted state law.  "Not only have Tennessee's lawmakers spoken to the urgent need to ensure basic safeguards for the health and safety of women and girls considering abortion, Tennessee voters spoke directly to the issue in passing Amendment 1 by public vote last November,"  said Harris.  "When judges such as Sharp decide to substitute their own preferences over the will of the people, voters lose confidence in the legitimacy of the process and in the courts themselves."

Another hearing is scheduled later this month by Judge Sharp on other challenges to protective pro-life laws including informed consent for women and girls considering abortion, a 48-hour waiting period, and hospital admitting privileges for abortion providers.  Tennessee Right to Life will continue to monitor proceedings and prepare for possible legal appeals if necessary.