Legal experts and lawmakers seek revisions to the state’s strict abortion ban to address potential court challenges and ensure protections for women’s health.

The Attorney General of Tennessee, Jonathan Skrmetti, has expressed concerns about the state’s current abortion law, prompting increased debate among Republicans over the need for exemptions in one of the strictest bans in the United States. According to House Speaker Cameron Sexton, Skrmetti has advised lawmakers that adjustments to the state’s so-called “trigger” law would provide stronger protection against potential legal challenges. These concerns were echoed by Senator Richard Briggs, who participated in a recent teleconference with Skrmetti and other legislators.

Tennessee’s controversial abortion ban, which came into effect after the Dobbs decision overturned Roe v. Wade, has no explicit exemptions, but includes an “affirmative defense” for doctors. This means that physicians must prove that an abortion was necessary to protect the life of the mother or prevent severe physical harm, placing the burden of proof on the doctor rather than the state.

While Tennessee’s law has yet to face a lawsuit, Skrmetti’s concerns about its vulnerability in court are shared by several lawmakers. Both lawmakers and legal experts have pointed to similar legal battles, such as in Idaho, where a judge blocked a similar “trigger” law. In light of these developments, proposals are emerging to amend the law, including suggestions for extended Medicaid coverage for pregnant women and parents, and potential sales tax breaks for essential baby products.

Briggs, a physician, discussed Skrmetti’s insights during the teleconference, revealing that the Attorney General is focused on clarifying what constitutes a criminal abortion. This focus aims to prevent confusion and ensure proper legal protections for doctors who act within the boundaries of the law. Skrmetti’s office confirmed that the Attorney General has approved an exemption bill focused on protecting the life of the mother, which lawmakers believe will be more defensible in court than the existing law.

Despite the concerns raised by some Republican lawmakers, other prominent figures, including Governor Bill Lee, have defended the current law, stating that the affirmative defense offers adequate protection for both women and the unborn. Lee emphasized that the law safeguards women’s health, even in cases where life-threatening complications arise during pregnancy.

Democratic lawmakers, however, continue to voice strong opposition. Senator London Lamar, who has personal experience with pregnancy complications, argued that the current law could lead to dangerous consequences for women. Lamar warned that the law could cause significant harm to women, particularly those who face life-threatening pregnancy complications.

As the Tennessee legislature prepares to revisit the abortion law, the debate over its impact on women’s health and legal protections remains a deeply divisive issue.