For Rachel Fulton, it was the worst day of her life. Outside her doctor’s office, she learned that her long-awaited pregnancy would have to be terminated. But the situation grew even harsher: Fulton lives in Tennessee, where abortion is banned except in extremely narrow cases involving threats to the patient’s life, and she was forced to travel to another state to receive care from a doctor she did not know.
In 2023, she joined five other women in filing a lawsuit against the state, arguing that their right to life had been violated. The American Medical Association and two doctors also joined the case, saying the restrictions prevent them from providing patients with necessary medical care.
The hearings were due to begin on Monday, but at the last moment they were halted because of an appeal, effectively for an indefinite period.
According to Linda Goldstein, a lawyer at the Center for Reproductive Rights, the case shows how state abortion bans endanger women’s health even where formal exceptions exist. “An overwhelming majority of Americans believe women should have access to abortion if their life or health is at risk. But the exceptions politicians talk about do not work in practice,” she said.
The Fultons were joyfully expecting their second child, but at 12 weeks the fetus was diagnosed with cystic hygroma—a condition in which fluid builds up around the area where the heart is forming. Even so, the family hoped for the best, prepared the nursery, and chose a name—Titus Claude.
A follow-up examination at 16 weeks showed the situation had worsened: the baby would not survive after birth, while Fulton herself faced the risk of developing mirror syndrome—a potentially fatal complication. “Nothing can prepare you for the reality that the baby you want is incompatible with life. And that he also puts your own life at risk,” she said.
She was left with a choice: travel to another state, wait until her condition became critical, or wait for the fetus to die—only then would she have been able to receive care in Tennessee. “It made an already terrible situation even worse. I had no good options,” Fulton said.
She wanted to be treated by her own doctor and recover at home beside her family, but instead she first had to drive about eight hours to St Louis, and then several more hours into Illinois, where the procedure was performed. “I was just incredibly grateful that after everything, I was still able to hold my son,” she said.
After learning about the lawsuit, Fulton initially sought information and then became one of the plaintiffs. “I cannot stop situations like this from happening, but I can help others. Everything I do in this case, I do for Titus,” she said, describing the proceedings as “a case in memory of Titus Fulton”.
According to Goldstein, all the plaintiffs suffered because they were denied medical care: four had fatal fetal abnormalities that threatened their health, while two others developed severe infections.
“What the state is doing by delaying the process is trying to prevent these women from telling their stories in court,” the lawyer said. “The authorities want to convince the people of Tennessee that the ban is working. But the facts show the opposite: women are being denied care, they are developing infections and sepsis, because doctors are afraid to provide standard treatment.”
Tennessee attorney-general Jonathan Skrmetti said the appeal was a routine legal procedure and expressed confidence that the court could resolve the issue without a full trial. At the same time, he added that the authorities were prepared for court proceedings if necessary.
The plaintiffs intend to challenge the delay. “We waited for this for so long, and now it feels as though the ground has been knocked out from under us,” Fulton said. “I still hope I will have the chance to speak in court and tell my story—not only for myself, but for other women and families in the same situation.”
According to her, the longer the process is delayed, the more families are forced to endure similar ordeals.