At one point, an attorney for the women whose lives were endangered by the abortion ban said he didn't know how the anti-abortion Tennessee attorney general's office could make its arguments"with a straight face."in a case concerning the state’s abortion ban from both the state and lawyers for the women whose lives and health were endangered by the law.
“A few doctors saying as a matter of fact that they are unclear about what serious risk might entail in an edge case does not show vagueness as a matter of law,” Whitney Hermandorfer, a lawyer with the Tennessee attorney general’s office, said in court on Thursday. She also claimed that the women don’t have standing to sue because they aren’t currently undergoing medical emergencies that relate to the ban.
Other plaintiffs include Rebecca Milner, who was 20 weeks pregnant when she learned she suffered from preterm premature rupture of membranes and her fetus was unlikely to survive. She had to travel to Virginia for an emergency abortion but then became infected with sepsis, a potentially life-threatening condition, and needed to be hospitalized for several days upon returning to Tennessee.
Goldstein argued that the ambiguity of the ban’s medical exception, which doesn’t specify how near to death a patient has to be, has “left physicians clueless as to what they should do.” She added, “If we are going to send someone to prison for 15 years, they have to know that they are doing something that the statute prohibits.” Providers who violate the state’s abortion ban face the threat of imprisonment, loss of medical license, and steep fines.
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