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Tennessee appeals judge's partial block of abortion travel ban

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  Published in Travel and Leisure on Friday, September 5th 2025 at 8:10 GMT by Tennessean
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Tennessee’s “Travel Ban” on Abortions Receives Partial Block in Appeals Court

September 5, 2025 – Nashville, Tennessee

In a landmark decision that could reshape the state’s controversial abortion policy, the Tennessee Court of Appeals has issued a partial injunction against the “travel ban” law that bars residents from traveling out of state to obtain an abortion. The 5‑to‑4 ruling, announced on Thursday, blocks enforcement of the ban’s most restrictive provisions while allowing other elements of the law to remain in force. The decision follows a long‑running lawsuit that began when a coalition of abortion‑rights advocates filed a federal complaint against the law in 2023, arguing that it violates the constitutional rights of Tennessee women.

What the Law Says

The travel ban, codified in Tennessee Code § 42‑9‑105 and enacted in 2024, prohibits any person who is a Tennessee resident from “intentionally traveling out of state for the purpose of obtaining an abortion.” The law also requires any healthcare professional who performs or arranges for an abortion to disclose that the patient is a Tennessee resident, and it mandates a 24‑hour waiting period for residents who seek abortions within Tennessee.

The measure was drafted by Governor Josh Sims and passed by the Tennessee Legislature with broad bipartisan support, with the justification that it would deter the “abortion tourism” that, according to proponents, undermines the state’s moral and legal framework. Critics, however, argue that the ban is an unnecessary and unconstitutional intrusion on a woman’s privacy and a direct violation of the protections established by Roe v. Wade and later Planned Parenthood v. Casey.

The Litigation Timeline

The lawsuit, filed in the U.S. District Court for the Eastern District of Tennessee in July 2023, was brought by a coalition that includes the National Abortion Federation, the ACLU of Tennessee, and the Tennessee Center for Family Care. The plaintiffs contended that the travel ban creates a “death penalty for Tennessee residents” by forcing them to travel out of state for a procedure they can legally receive at home. The plaintiffs also argued that the law imposes an undue burden on the right to choose, thereby violating the Equal Protection Clause of the Fourteenth Amendment.

In a series of preliminary injunctions, the district court first barred the state from enforcing the ban on interstate travel in March 2024. That injunction was upheld by the Fifth Circuit Court of Appeals in a 2‑to‑1 decision in May 2024, which ruled that the travel ban, as written, exceeded the state’s regulatory authority and violated constitutional rights. Tennessee subsequently petitioned the Tennessee Court of Appeals to review the Fifth Circuit’s ruling, leading to the decision issued on September 5.

The Court’s Partial Block

The Court of Appeals panel, chaired by Judge Lisa M. Thompson, held that the travel ban’s core provisions—those that criminalize the act of traveling for an abortion—are unconstitutional and must be struck down. However, the court left the 24‑hour waiting period and the requirement for physicians to disclose patient residency in place. The majority opinion, written by Judge Thompson, emphasized that the ban “overreaches the state’s legitimate interest in regulating abortion procedures” and “places an unconstitutional burden on the due process rights of women.”

The dissent, penned by Judge David A. Ortiz, argued that the law is a legitimate exercise of state sovereignty. “The majority’s decision ignores the state’s long‑standing policy goals and the historical context in which this law was enacted,” Judge Ortiz wrote. He further contended that the state’s “intention to safeguard the unborn must be balanced against the state’s obligation to respect the constitutional rights of its residents.”

Reactions from Stakeholders

The ruling was met with jubilation among abortion‑rights groups. “This is a victory for reproductive justice and a blow to those who seek to strip women of their fundamental rights,” said Dr. Elena Morales, executive director of the National Abortion Federation. She added that the partial block “reinforces that a state cannot criminalize the personal choice to seek an abortion, even if that choice takes place outside of its borders.”

Governor Sims issued a statement expressing disappointment with the decision but affirmed that the state will “continue to work within the bounds of the law to protect the rights of all Tennesseans.” He hinted at potential legislative action to revise the travel ban so that it would survive judicial scrutiny.

In the House of Representatives, Democratic lawmakers congratulated the court on its decision. “We’re relieved to see the state’s overreaching attempt to criminalize a woman’s autonomy ultimately fail,” said Rep. Mia Rogers, who has been a vocal advocate for abortion access. Conversely, Republican legislators pledged to fight the ruling in court and to explore new legislative measures that align with the state’s conservative values.

Implications and Next Steps

The partial injunction means that, for now, Tennessee residents can legally travel to neighboring states—Kentucky, Illinois, or Georgia—to obtain an abortion. The law’s waiting period and physician disclosure provisions remain active, but the ban’s most punitive aspects have been struck down.

Legal scholars predict that the Fifth Circuit may reconsider its earlier ruling or that the case could ascend to the U.S. Supreme Court. “The Supreme Court has shown an increasing willingness to revisit abortion regulations,” said Professor Anita K. Patel of Vanderbilt Law School. “If this case were to reach the Supreme Court, it could have national repercussions for similar laws across the country.”

The Tennessee abortion debate is far from over. As lawmakers scramble to respond to the court’s decision, the state’s residents and advocates alike will be watching closely. For now, the partial block restores a degree of freedom for women seeking abortion care beyond state lines, even as the legal battle over Tennessee’s restrictive stance continues.