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TN lawmaker concerned federal courts may block state's abortion trigger law

A judge in Idaho blocked a similar law, which does not create exceptions for physicians.

KNOXVILLE, Tenn. — A federal judge may block Tennessee's abortion trigger law, according to lawmakers. 

Knox County Sen. Richard Briggs, who is also a physician, said Tennessee Attorney General Jonathan Skremetti warned lawmakers about the trigger bill. 

According to a report by the Associated Press, Skremetti said, in Idaho, a federal judge blocked an abortion trigger law, similar to Tennessee's. The report said Skremetti warned lawmakers the same could happen to Tennessee's law. 

In Idaho, the United States sued the State of Idaho, arguing the state's abortion law does not follow federal law. 

Idaho's abortion law, similar to Tennessee's, prosecutes physicians who provide abortions, without any exceptions. Instead, the laws provide affirmative defenses, which require the physician to prove the abortion was medically necessary to prevent death, in a court of law. 

"Even then, there is no certainty a jury will acquit," wrote Idaho District Court Judge B. Lynn Winmill. 

Winmill issued a preliminary injunction in August, blocking Idaho from prosecuting doctors who perform abortions. In his ruling, Winmill said Idaho's trigger law violates a federal law, which ensures all patients receive adequate medical care. 

Briggs said because of that Judge's ruling, Skremetti believes Tennessee's law "may be problematic," Briggs said in a phone call with 10News. 

Briggs has proposed Senate Bill 745, which delineates medically necessary abortions and "criminal abortions," he said. 

The bill defines a criminal abortion as one performed "with intent other than to increase the probability of a live birth, to preserve the life or health of a child after live birth, or to remove a dead fetus," its text said. 

Briggs said Skremetti believes his bill would clear up the ambiguities with the state's abortion law. 

10News reached out to Skremetti's office and so far has not heard back. 

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