Tennessee Demands Abortion Data From Hospitals In Ban Exceptions Case

The Tennessee lawyer general’s agency has subpoenaed 4 aesculapian groups successful nan authorities for records of abortions performed complete nan past respective years arsenic portion of a suit complete nan exceptions to nan state’s near-total abortion ban, tribunal documents obtained by nan Guardian show.

The 4 subpoenas were issued this outpouring to Vanderbilt University aesculapian halfway and a Tennessee infirmary tally by nan nationalist Catholic concatenation Ascension, arsenic good arsenic 2 smaller aesculapian practices successful Tennessee, Heritage Medical Associates and nan Women’s Group of Franklin.

Although each lawsuit is different, they broadly inquire these organizations to move complete extended accusation astir instances successful which they whitethorn person provided abortions, including nan number of abortions performed since 2022 and, successful immoderate of nan subpoenas, each “documents and communications” related to those abortions.

When and if nan aesculapian providers move successful nan records, they are legally allowed to sphere “all diligent confidentiality arsenic necessary”, according to nan subpoenas. A protective bid has besides been issued to artifact nan records from being utilized to analyse nan hospitals and aesculapian providers extracurricular of nan scope of nan lawsuit, arsenic good arsenic to perchance people moreover nan anonymized diligent records arsenic “confidential”.

The sweeping requests raise questions astir red-state attempts to way abortion providers successful a post-Roe v Wade US. In nan 3 years since nan US ultimate tribunal overturned Roe, reproductive authorities activists person grown progressively concerned astir authorities efforts to cod accusation connected abortions, particularly arsenic states specified arsenic Louisiana and Texas person precocious launched efforts to penalize abortion providers.

Mary Ziegler, a professor astatine nan University of California, Davis who studies nan ineligible history of reproduction, shared her concerns that nan Tennessee subpoenas could person “a tremendous chilling effect”.

“Republican legislators person recognized that doctors are already not performing procedures that they – Republican legislators – opportunity are justified nether exceptions,” Ziegler said.

“The connection being sent present is that each azygous decision, moreover ones that would person been legal, past would beryllium second-guessed.”

The subpoenas were issued arsenic portion of a 2023 suit brought by respective Tennessee women and doctors who are seeking to broaden nan exceptions successful nan state’s abortion ban. Although Tennessee – for illustration every different authorities pinch an abortion ban – technically permits abortions successful aesculapian emergencies, these women opportunity they were denied medically basal abortions. Doctors crossed nan state person said that nan exceptions embedded successful abortion bans are worded truthful vaguely that they are incompatible pinch aesculapian standards, forcing doctors to hold aliases contradict attraction until a diligent becomes sick capable to legally suffice for treatment.

At slightest 5 pregnant women person reportedly died nether abortion bans successful Georgia and Texas. In nan years since Roe fell, much pregnant Texan women person besides begun to beryllium diagnosed pinch sepsis – a life-threatening information – aliases almost bled to decease aft they miscarried, according to reporting by ProPublica.

Lawyers for Tennessee, however, have said successful court that nan state’s abortion exceptions are workable arsenic written. Some doctors’ nonaccomplishment to accurately construe nan rule does not warrant amending nan state’s ban, Tennessee has argued, particularly since nan authorities legislature passed a measure successful 2025 that sought to explain nan circumstances nether which group tin get abortions.

The subpoenas issued to nan aesculapian providers inquire them to move complete “all protocols, policies, guidelines, believe guides aliases handbooks” that they person utilized to find whether patients tin get abortions. The lawsuit for Vanderbilt besides demands records from the Nashville hospital’s abortion committee, which deliberates connected whether and really to supply ineligible abortions to patients, including each “documents and communications” that whitethorn uncover nan solution of each lawsuit considered by nan committee.

The different subpoenas were issued to astatine slightest 1 aesculapian believe that employs a Tennessee expert who is simply a portion of nan lawsuit. They inquire those practices to count nan number of abortions they person performed since 2020, 2 years earlier Roe fell. They besides inquire for records from instances successful which doctors did not supply abortions because they felt that nan Tennessee prohibition blocked them from doing so.

The subpoenaed groups and Tennessee lawyer general’s agency did not respond to nan Guardian’s requests for comment.

Despite nan tribunal protections successful spot to support nan subpoenaed records from leaking, assurances from authorities officials whitethorn not beryllium capable to quell doctors’ fears of prosecution, Ziegler said. She pointed to nan lawsuit of Adriana Smith, a brain-dead pregnant female successful Georgia who was kept connected life support until she delivered a babe via caesarean section successful June. While Georgia’s lawyer wide said that nan state’s near-total abortion prohibition did not unit doctors to support pregnant women connected life support, Smith’s doctors reportedly felt that nan connection of nan prohibition was truthful strict that they still had nary prime but to support her alive.

“Prior to immoderate of these information requests, a batch of physicians and providers were really anxious astir civilian aliases criminal liability,” Ziegler said. “I don’t spot really this is going to thief matters.”