(Mike Osborne) -- A Tennessee abortion case is highlighting an ideological divide on the federal appeals court that reviews the state’s cases.
Republican lawmakers in 2015 passed a measure requiring a 48 hour waiting period for women seeking an abortion. A ruling in a lawsuit by pro-abortion advocates overturned the law in federal court last year.
Normally, a three judge panel at the 6th Circuit Court in Cincinnati would hear the appeal. However, Courthouse news service says the case will instead be heard by all of the judges on the 6th Circuit.
The unusual, so-called “en banc review” by the full court reportedly came at the suggestion of a 6th Circuit judge appointed by former Republican President Donald Trump.
A judge on the same court appointed by former Democratic President Bill Clinton took the equally unusual step of questioning the decision publically, saying the en banc review “tarnishes” the court’s “reputation for impartiality and independence.”