Tennessee Department of Health v. Boyle

A Tennessee statute required private clinics providing a “substantial number” of abortions to obtain a “certificate of need” from the Health Facilities Commission and a license from the Department of Health. The Department of Health denied a license to the defendants, and then sued to enjoin them from performing abortions. The defendants alleged that the licensing requirement violated the United States and Tennessee Constitutions' protection of women’s right to privacy. The Davidson County Chancery Court upheld the statute and enjoined the defendants from performing abortions. The Court of Appeals of Tennessee reversed, holding that the statute was unconstitutional becauese it placed an undue burden on women's right to privacy.

Topics