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Four new women join an abortion lawsuit against Tennessee

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NASHVILLE, Tenn. (WTVF) — On Monday, four new women joined a lawsuit filed by the Center of Reproductive Rights against the State of Tennessee — Blackmon v. State of Tennessee.

Rachel Fulton, Monica Kelly, Kathryn Archer and Rebecca Milner joined the lawsuit. It was originally filed in September of 2023 on behalf of three patients and two physicians.

In November of 2023, the State of Tennessee filed a motion to dismiss the case.

"Tennessee’s abortion statute lawfully balances the State’s interest in protecting the lives of unborn babies with the health of their mothers. It does so by generally prohibiting the abortion of a child unless continuing a pregnancy would risk a mother’s life or cause substantial, long-term harm to her health," the motion says in its introduction.

They mention the two exceptions as risk of a mother's life or long-term harm to a mother's health as the exceptions to the abortion ban.

The lawsuit asks the court to "issue a declaratory judgment clarifying the scope of Tennessee's Medical Condition Exception to its abortion ban."

The Center for Reproductive Rights is asking for clarification regarding the scope of the medical necessity exception — how far it goes.

They are also asking for a block on the abortion ban for patients who have pregnancy complications that are dangerous to them, even while the case proceeds.

The lawsuit was filed by the Center for Reproductive Rights, Morrison & Foerster LLP, and Barrett, Johnston, Martin, & Garrison LLC on behalf of patient plaintiffs Nicole Blackmon, Allyson Phillips, Kaitlyn Dulong, K. Monica Kelly, Kathryn Archer, Rebecca Milner, and Rachel Fulton — and on behalf of physician plaintiffs Heather Maune, M.D. and Laura Andreson, D.O. Defendants in the case include the State of Tennessee, Attorney General Jonathan Skrmetti, the Tennessee Board of Medical Examiners, and the Tennessee Board of Osteopathic Examination.

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