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 plaintiffs, and then sued to enjoin them from performing abortions. Defendants alleged that the licensing requirement violated the United States and Tennessee Constitutions as they relate to 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.



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