A Tennessee woman who needed an abortion to save her life has joined a lawsuit against the state's restrictive abortion ban, highlighting the dangers women face even when exceptions exist. Rachel Fulton, along with five other patients and two doctors, filed the suit in 2023, arguing that the ban violates their right to life. The trial was set to begin on Monday but has been halted indefinitely by a last-minute appeal.
Devastating Diagnosis
Fulton and her husband were overjoyed when they learned they were expecting their second child. However, a 12-week scan revealed cystic hygroma, a condition where fluid gathered where the baby's heart should have been forming. Despite hope, a follow-up at 16 weeks showed the condition worsening, with the baby unlikely to survive long after birth. Fulton's own life was at risk due to mirror syndrome, a potentially deadly complication.
"Nothing prepares you to hear that the baby that you want is incompatible with life," Fulton said. "And not only that he's incompatible with life, but that he is putting my life at risk."
Limited Options
Fulton's maternal-fetal physician informed her of three options: travel out of state for an abortion, wait until she was in mortal danger, or wait until the baby died. Only then could she receive care in Tennessee. She chose to travel to Illinois, driving hours from home, and underwent the procedure with an unfamiliar doctor. "It made a terrible situation so much worse," she said. "I had no good options."
Joining the Lawsuit
After learning about the Center for Reproductive Rights' lawsuit, Fulton contacted them and became a plaintiff. "If I could stop people from being in the medical position that I was in, I would, but I can't," she said. "Whenever I do anything with this case, as hard as it is, I am doing it to help other people and I'm doing it for Titus."
Legal Battle
Lead attorney Linda Goldstein stated that the patient plaintiffs "were all injured by being denied medical care." Four had lethal fetal diagnoses dangerous to their health, and two developed serious infections due to denied care. Goldstein accused the state of delaying the trial to prevent these women from telling their stories. "The state wants to convince the people of Tennessee that the abortion ban is working," she said. "But women in our case prove that it's not working."
Tennessee Attorney General Jonathan Skrmetti defended the appeal, stating, "There's nothing unusual about appealing an appealable order." He expressed confidence in the judiciary to resolve legal issues without a trial. The plaintiffs plan to fight the appeal, with Fulton hoping to eventually have her day in court. "The longer the trial is delayed, the more families have to go through pain like ours," she said.
