She was forced to carry a baby who wouldn’t live. She’s now suing Tennessee.
Nicole Blackmon knew her baby wouldn't survive outside that womb. But under Tennessee law
By Emily West , Kelsey Gibbs
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NASHVILLE, Tennessee (WTVF) — Nicole Blackmon gave birth in 2022 to a stillborn child.
But this outcome wasn’t a surprise to Blackmon, who knew at 15 weeks her baby had the potential for deadly diagnosis and wouldn’t survive. At around 24 weeks, the deadly diagnosis was confirmed.
Under Tennessee law in 2022, Blackmon was unable to terminate her pregnancy and had to carry a boy she named Ethan until she went into labor during her seventh month. She was in labor for 32 hours.
Now, Blackmon — along with other women and Tennessee doctors — are suing the state.
“Because of the state’s cruel laws, I was forced to carry a baby for months that was never going to live. I was in terrible pain and could even have had a stroke and died, but I could not afford to travel out of state for an abortion,” Blackmon said. “I was condemned to endure both physical and emotional torture, knowing that I was going to deliver a stillborn. How can Tennessee politicians stand by while this happens to people like me? I want some good to come out of my ordeal, so I am joining this case.”
These women are not alone. The lawsuit spans with plaintiffs from Idaho and Oklahoma, other states with strict laws about the procedure.
The women are asking a judge to decide immediately if the laws should remain as is and are compatible with pregnant Tennesseans’ health while carrying a baby.
Blackmon’s attorney wrote in the suit that she had chronic health conditions that made her a high-risk pregnancy to begin with, much less carrying a baby who wasn’t going to live once it was born. At a checkup at 15 weeks, Blackmon learned her baby’s organs were on the outside of the body and some were attached to the placenta.
“Nicole was shocked to learn that Tennessee law did not contain an exception for her situation,” attorneys wrote in the suit. “Nicole would have preferred to have an abortion to preserve her health, but she felt that she had no choice but to continue the pregnancy due to Tennessee’s abortion ban. She did not have the money to leave Tennessee, travel to another state, and pay out of pocket for an abortion. She felt like her only option was to take a chance and continue the pregnancy. Nicole was scared that her pregnancy would be fatal to both her and her baby.”
Tennessee’s abortion status
Tennessee had originally closed the door to any abortions in the state, but this past legislative session, that door eked open.
The bill — known to allow for the exception of the mother — removed affirmative defense for doctors.
Early in the abortion conversation, Gov. Bill Lee said the law as written was fine as it was, meaning he wasn’t catering to any idea of exceptions. He’s been silent on the matter since. He quietly signed the bill into law this spring.
As the lawsuit states, doctors don’t feel that gives them levity to make appropriate diagnoses without the fear of somehow breaking the law and further facing retribution. Doctors want a judge to declare that they have the right to treat their patients with the appropriate medicine and procedures.
Abortion started out in January as one of the most heated discussion points. Tennessee’s total abortion ban came last summer after the Dobbs decision caused Roe v. Wade to fall in the Supreme Court of the United States. The Republican legislature prepared for the moment. Trigger laws in Tennessee went into effect in less than 30 days following the structure of the Human Life Protection Act voted on by the legislature in 2019.
In summer 2022, the Sixth Circuit Court of Appeals decision enacted the six-week abortion ban law first. Then Planned Parenthood providers performed their last abortion Tuesday in Tennessee. The legislation — known as the “heartbeat bill” — meant abortions couldn’t happen after cardiac activity was detected on an ultrasound.
“The stories told by these plaintiffs are a moral stain on our state, and make plain how unsafe it can be to be pregnant in Tennessee,” said Ashley Coffield, CEO of Planned Parenthood of Tennessee and North Mississippi. “Shame on our governor and our state legislature for making people risk their lives through unsafe and traumatic pregnancies. All Tennesseans of conscience should be outraged by what’s happening because of our state’s extreme abortion ban.”
Supporters with Tennessee Right to Life in a statement stands behind their support of the law, Tennessee Right for Life says since that time, an estimated 10,000 lives have been saved from abortion in our state, and the law is clear in its intent and constitutional in its application.
Stacy Dunn, President of Tennessee Right to Life, issued the following statement today:
“While we have great sympathies for the Plaintiffs and the experiences they have suffered, we are fully confident in the constitutionality of the Human Life Protection Act and are confident in General Skrmetti’s ability to defend this lawsuit on behalf of women and unborn children across this State.”
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