Here is a link to recent (September 10, 2021) opinion of the Sixth Circuit enjoining two provisions of Tennessee law. One provision banned abortions after a fetal heartbeat is detected and the other banned abortions when the doctor performing the abortion knows that the pregnant woman is seeking the abortion because of the race or sex of the baby or because of a prenatal diagnosis that the baby might have Down syndrome.
Judge Thapar concurred in the court’s ruling on the first provision, after making it clear that his vote was because of the Supreme Court’s erroneous decisions in Roe and Casey. Judge Thapar dissented from the court’s judgment that the discrimination provision was void for vagueness.
Here is Judge Thapar’s conclusion: “The argument that the Constitution contains a right to abortion has neither [a page of history nor a volume of logic]. As shown above, the historical evidence is clear. The Constitution leaves decisions like this to the states. The state legislatures can do what we can’t: listen to the community, create fact-specific rules with appropriate exceptions, gather more evidence, and update their laws if things don’t work properly. And if the public is unhappy, it can fight back at the ballot box. The courts should return this choice to the American people—where it belongs.”