Compassion Legal: The End-of-Life Justice Center at Compassion & Choices, along with their pro bono partners at Sherrard Roe Voigt & Harbison, filed an amicus brief on February 4 in a federal appellate case challenging Tennessee’s unconstitutional limitations on speech about reproductive healthcare options in other states.
In their brief, Compassion Legal urged the Sixth Circuit to affirm a District Court’s decision that speech about healthcare options available in other states is constitutionally protected, even when that option is not legal in a person’s state of residence.
“At its core, this case is a free speech issue,” said Veronica Darling, Director of Litigation with Compassion Legal. “If states are allowed to criminalize speech about reproductive healthcare options available in other states, they could just as easily criminalize speech about end-of-life healthcare options, such as medical-aid-in-dying, available in other states.”
The case, Welty, et al. v. Dunaway, et al., will have an impact on the ability of any person in Tennessee to discuss legal out-of-state healthcare options concerning abortion. Because it is in federal court, the decision could have ramifications outside of Tennessee by setting a legal precedent that states can also regulate speech about legal healthcare options available in other states.
“Compassion Legal filed an amicus brief advocating for continued free speech protections for people sharing information about legal healthcare options available in other states and urging the Court of Appeals to consider the wider deleterious impact a ruling in favor of the defendants could have,” said Hunter Branstetter, attorney at Sherrard Roe Voigt & Harbison.
“This case matters to Compassion & Choices because a decision reversing the District Court could have a direct impact on our mission to ensure that people have access to all legal end-of-life options,” added Darling. “If the Sixth Circuit reverses this decision, it would open the door for states to criminalize speech about healthcare options in other states, such as medical-aid-in-dying, or make it so that an individual could face liability just for speaking to a loved one about deeply personal end-of-life care decisions.”
Amicus curiae is Latin for “friend of the court.” Amicus briefs are commonly submitted by anyone wanting to make a point relating to a court case that the litigating parties are not addressing.
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