In Memphis Center for Reproductive Health v. Slatery, (6th Cir., Nov. 20, 2020), the U.S. 6th Circuit Court of Appeals in a 2-1 decision reversed a district court and allowed the state of Tennessee to continue to enforce its "reason" abortion ban while the constitutionality of the provision is being litigated. At issue is a ban on physicians performing abortions where the physician knows that the abortion is sought because of the sex, race, or Down syndrome diagnosis of the fetus. Challengers contend in part that the ban is unconstitutionally vague. ACLU issued a press release discussing the decision.
