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Abortion

Sixth Circuit Affirms Universal Injunction Against Tennessee "Abortion Trafficking" Law that Does Not Reach Plaintiffs' Conduct

This is a case in which Judge Sutton may agree that the decision is not merely wrong, but also en-banc-worthy.

Jonathan H. Adler | 10.11.2026 4:07 PM

Last month, in Welty v. Dunaway, a divided panel of the U.S. Court of Appeals for the Sixth Circuit affirmed a universal injunction against the "recruiting" provisions of Tennessee's Underage Abortion Trafficking Act. Judge Stranch wrote for the panel, joined by Judge Ritz. Then-Chief Judge Sutton dissented, explaining that the court reached out to block the law, as it did not apply to the plaintiffs' conduct. Accordingly, there was no basis to enjoin the law's enforcement against the plaintiffs, let alone to enjoin it universally.

Judge Stranch summarized her lengthy majority opinion with this introduction:

When the Supreme Court issued Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), its decision triggered Tennessee's near-total abortion ban, which criminalizes performing an abortion at any stage of gestation, Tenn. Code Ann. § 39-15-213(b). Two years later, as part of its Underage Abortion Trafficking Act, the Tennessee legislature enacted the "Recruitment Provision," which criminalizes intentionally recruiting an unemancipated minor for purposes of obtaining an abortion  that "would constitute a criminal abortion under § 39-15-213," regardless of where the........

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