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6th Circuit Upholds Tennessee Law Requiring a 48 Hour Waiting Period Before an Abortion

Here is a link to a LifeNews story on a recent decision by the United States Court of Appeals for the Sixth Circuit. The court, by a 9-7 vote, upheld the constitutionality of a Tennessee law requiring a 48 hour waiting period before a woman may obtain an abortion.

The Sixth Circuit applied the under burden test the Supreme Court had adopted in Casey. In recent years, courts have disagreed about the meaning of the undue burden test. Importantly, the Sixth Circuit used Chief Justice Roberts’s understanding of the undue burden test, which he set forth in his opinion in the June Medical case.

Here is a link to the opinion.

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