A divided Sixth Circuit has left in place an injunction blocking part of Tennessee’s so-called abortion “trafficking” law, holding that the statute’s ban on “recruiting” minors for out-of-state abortions is likely unconstitutional under the First Amendment. The ruling in Rachel Welty, et al v. Bryant Dunaway, et al is an important signal that abortion-related counseling, advocacy, and assistance may still receive robust constitutional protection even in the post-Dobbs landscape.

The challenged Tennessee law aims to criminalize certain conduct involving minors seeking abortions outside the state.

Federal antitrust enforcers are stepping into a debate that goes to the heart of how lawyers enter the profession. In comments to the Tennessee Supreme Court, staff at the Federal Trade Commission and the DOJ’s Antitrust Division urged the court to reduce or eliminate its reliance on American Bar Association accreditation as a prerequisite for bar eligibility.

The agencies’ core argument is straightforward: when a single private accreditor effectively controls access to the profession, it can drive up educational costs and restrict competition.