On November 3, 2021, NewsChannel 5’s Nick Beres interviewed Nashville District Attorney Glenn Funk who talked about his refusal to enforce Tennessee’s unconstitutional abortion ban.
District Attorney Glenn Funk:
“The legislature passed last session a very restrictive abortion ban that was clearly unconstitutional. A part of that of that law said that doctors had to tell their patients that they could decide to not go through with some abortions halfway through the process which no real scientist says is true. But the law says that doctors have to say that to their patients.
“A federal judge, of course — that was the lawsuit happens by the ACLU immediately in federal court. I am named in my official capacity as well as three other district attorneys who have clinics in their jurisdictions. And the federal judge hearing the case asks the district attorneys, ‘Are you going to or do you want to file anything that says whether or not you’re going to criminally prosecute based on this.
“So I very clearly stated my position which is criminal law should not be used to try to incarcerate a doctor or a patient who’s exercising their reproductive rights.
“It shouldn’t do that. Right. And sure enough the federal judge said it was an unconstitutional law.
“That’s my oath that I swore on the day that I was sworn in was to the Constitution of the United States and the Constitution of the State of Tennessee. Right. If it’s something is that clearly unconstitutional, no, I’m not going to prosecute and try to incarcerate somebody based upon an unconstitutional statute.”
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