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Kamala Harris and the Democrats are running on talking points. Now the script’s been flipped on them.

Because three court judges pulled the rug out from Democrats right before the election.

The Democrats have been trying to make the issue of abortion the number one concern of this election cycle. They believe that it’s enough to win them all the important, close races like the presidential race and key U.S. Senate races. This is why they’ve been using abortion as the center issue in all of the Democrat political advertising and commercials in swing states.

They are ultimately trying to keep a lid on the facts surrounding abortion, for the purpose of being able to milk the fear-mongering on abortion as much as possible. The nuance in the debate is not something the Democrats want discussed, evidenced by the fact that Kamala Harris outright ignored Donald Trump’s question during their debate about whether she supports any restrictions on abortion at all if she finds late-term abortions so immoral.

The Democrats have been fear-mongering on this issue claiming that Republicans want to literally force women to die and believe that they aren’t worth anything at all. They wrongly claim that red states who are restricting abortions with duly passed legislation are not allowing for any exceptions for their restrictions on abortions. That’s simply false, but it serves the Democrat Party’s messaging on this issue to get Americans, specifically women, to cast a vote out of fear for any candidate with a “D” next to their name on the ballot.

The state of Tennessee has some of the most pro-life legislation on the books, but even they have recently ruled that doctors who conduct abortions in emergency situations will not face harsh consequences for doing so. This takes away a key talking point for the Democrats for any independent/undecided voters paying attention to this news.

Tennessee Court Rules Doctors Can Perform Emergency Abortions Without Facing Penalties

In a significant legal ruling on Thursday, a panel of three Tennessee chancery court judges decided that doctors in the state cannot face penalties or have their licenses revoked for performing emergency abortions. The decision comes amid ongoing legal challenges to Tennessee’s abortion ban, which has been in effect since 2022 with limited exceptions for emergency situations.

The lawsuit that led to the ruling was filed in 2023 by several plaintiffs seeking clarification on the legal conditions under which abortions can be performed in Tennessee. The state’s abortion ban allows for abortions only in specific situations, such as when the mother’s life is at risk or when the fetus is not expected to survive the pregnancy.

The court’s decision not only confirmed that medical professionals can perform emergency abortions without fear of repercussions, but it also laid out more specific criteria for what constitutes a legal exemption under the law.

“This lack of clarity is evidenced by the confusion and lack of consensus within the Tennessee medical community on the circumstances requiring necessary health- and life-saving abortion care,” the ruling stated. It went on to explain how the complexity of such medical decisions raises serious questions about whether the state’s Medical Necessity Exception is narrow enough to meet its own legal requirements.

The court identified specific pregnancy-related conditions that now qualify as exceptions allowing for an abortion. These include cases where a miscarriage is inevitable, when the amniotic sac ruptures prematurely, when the fetus is predicted to die, causing the mother to experience severe complications like high blood pressure, or when infection leads to a rupture of the womb due to the fetus’s anticipated demise.

According to the ruling, “The Court concludes Plaintiff Patients have made the required showing of a likelihood of success on the merits of their constitutional right to life challenge to the Medical Necessity Exception, at least to the extent of the maternal medical conditions the parties agree should come within the Medical Necessity Exception for purpose of temporary injunctive relief.”

The original lawsuit, filed in September 2023, argued that the state’s abortion ban placed pregnant women’s lives at risk by limiting access to crucial medical care. The plaintiffs also challenged the ban’s provision preventing clinics from referring patients out of state for abortions or providing services that violate Tennessee law.

This ruling is likely to have a significant impact on how the state’s abortion laws are enforced and interpreted, as medical professionals now have clearer guidelines regarding when they can perform emergency abortions to protect the health of the mother.

Tennessee has become deeper red in recent years, following the trend of some other states like Florida, allowing the state legislature to pass conservative bills that are extremely popular in the state.

Stay tuned to the DC Daily Journal.

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