California Attorney General Rob Bonta has announced his participation in a coalition of 20 state attorneys general in filing an amicus brief with the U.S. Court of Appeals for the Sixth Circuit. The brief supports a challenge against Tennessee's "abortion trafficking" law. This law penalizes individuals, including medical providers and residents, for assisting patients within Tennessee by providing information or assistance to seek legal abortion care outside of the state.
In the case of Welty v. Dunaway, the coalition supports plaintiffs-appellees against the law, arguing that it restricts the free flow of information and access to safe and legal abortion care. "Tennessee’s abortion laws are among the most restrictive in the nation. There are no exceptions for victims of rape or incest, despite the overwhelming support for those exceptions among Democrats and Republicans alike," stated Attorney General Bonta.
The contested Tennessee law, effective since July 1, 2024, imposes criminal and civil penalties on those who facilitate or conceal an abortion for minors, even if legally procured out of state. A preliminary injunction from a federal district court currently blocks enforcement, and Tennessee has appealed to the Sixth Circuit.
The amicus brief urges the court to uphold the injunction, emphasizing that states like California have enacted statutes and constitutional provisions to protect abortion rights. The attorneys general claim that Tennessee’s restrictions threaten to cut off information and assistance, leading to increased barriers and health risks for individuals seeking abortion care.
Attorney General Bonta and his colleagues argue that the law obstructs access to care by intimidating communication and assistance efforts, potentially increasing health risks. The coalition emphasizes that the U.S. Supreme Court has recognized that states cannot prevent residents from accessing or discussing legal abortion services in other states.
Previously, Attorney General Bonta participated in similar legal challenges against related abortion restrictions, including in Idaho through Matsumoto v. Labrador. The current coalition includes the attorneys general from Arizona, Colorado, Connecticut, and other states, marking collective opposition to such restrictive measures.
A copy of the amicus brief is publicly available for review.