Lee says abortion law protects doctors in severe cases. Critics say it's not so clear.
Gov. Bill Lee on Monday said Tennessee is focused on implementing its total abortion ban on Thursday, which will prohibit all abortions with no exceptions for rape or incest.
Medical professionals, including a group of doctors planning to address media on Thursday, have raised increasing concerns about the lack of a true exception for abortions performed to save the life of a pregnant patient. The law threatens doctors with criminal charges for any abortion performed, critics say, even when a patient's life is in danger.
The new law provides an "affirmative defense" clause, through which an abortion provider could defend the procedure if the pregnant patient was in danger of dying or debilitating injury. But the defense would come after criminal felony charges.
Lee on Monday appeared to dismiss these concerns.
"I think the law provides for treatment of dangerous maternal health issues. The doctor will make their best judgment for that danger to the mother, and that exists in the law now," Lee told reporters in Lebanon.
"I think what we need to make sure is that there is an ability for a doctor to perform in the case of a dangerous maternal health situation. My sense and understanding from the law is that does exist now."
The confusion around implementation and prosecution under the law signals a potential legal quagmire for state hospitals, doctors and potentially the lawmakers who passed the Human Life Protection Act largely as a theoretical measure in 2019 before the Roe v. Wade precedent was overturned.
"The fact there is no exception in this law whatsoever is abundantly clear," said Chloe Akers, a criminal defense attorney and founder of a nonprofit to provide guidance for physicians, attorneys, and patients on the law. "You don't need to have a law degree to understand that. When you read the statute, it doesn't say exception."
The Tennessean on Sunday reported a growing push for increased exceptions in the law, particularly from sexual assault and child advocacy groups.
Related: Advocates plan push for change to Tennessee abortion law with zero exceptions
Sen. Rusty Crowe, R-Johnson City, indicated earlier this summer lawmakers might be mulling changes to the law after the medical community raised concerns.
Lee on Monday said "we'll see if there's a conversation" about potential changes to the law but he hasn't yet heard of any.
"Our focus is on the implementation of the law this Thursday," Lee said.
Reach Melissa Brown at mabrown@tennessean.com.
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This article originally appeared on Nashville Tennessean: Gov. Bill Lee on Tennessee's new abortion law to take effect Aug. 25
