Sixth Circuit Upholds Broad Injunction Blocking Tennessee's Underage Abortion Trafficking Law

The Sixth Circuit Court of Appeals, in a split decision, confirmed a universal injunction that prevents Tennessee from enforcing the recruitment clause of its Underage Abortion Trafficking Act. The majority opinion, authored by Judge Stranch and supported by Judge Ritz, held that the law's reach extends beyond state borders and infringes on free speech, justifying a broad block. Former Chief Judge Sutton dissented, noting that the statute targets only intentional recruitment for illegal abortions and does not pertain to the counseling offered by Rachel Welty and Aftyn Behn.

The plaintiffs, both abortion-rights advocates, had earlier secured a district-court judgment that the provision is facially overbroad and viewpoint-discriminatory, though the court found it not unconstitutionally vague. The appellate panel affirmed the injunction without revisiting the vagueness issue. The decision raises questions about whether the case will be reheard en banc.