Abortions in Tennessee can continue despite an executive order from Gov. Bill Lee limiting "non-emergency" health care procedures during the ongoing coronavirus pandemic, according to a Friday ruling from the Sixth Circuit Court of Appeals.

The court's decision affirms a preliminary injunction granted by a lower court while delivering a blow to Lee and other Republicans who aimed to halt abortions during the COVID-19 outbreak.

Tennessee is among a handful of states that have made such maneuvers in recent weeks while using emergency powers.

On March 23, Lee issued executive order 18, which limited non-emergency health care procedures. He told The Associated Press it was his "hope and expectation" that there will be no elective abortions while his executive order was in effect.

Emails later showed state lawmakers pushed Lee on the issue in recent weeks, according to the Associated Press.

On April 8, Lee issued another executive order suspending elective medical and dental procedures. Days later, a lawsuit was filed in federal court challenging Lee's efforts to halt abortions.

In its Friday night decision, the court wrote that Tennessee had failed to support its policy choice with medical evidence or experts.

"This is unsurprising because, as far as we can tell, every serious medical or public health organization to have considered the issue has said the opposite,” the court said.

Judge Karen Nelson Moore delivered the court's opinion, with Judge Helene White joining her. Judge Amul Thapar issued a dissenting opinion.

While affirming the preliminary injunction, the appellate court noted Lee’s executive order effectively banned “pre-viability” abortion, which would buck precedent, including in the landmark Roe v. Wade case.

Further, although Lee’s executive order halting elective surgeries was set to expire on April 30, the appellate court said the “tone” of the state’s attorneys suggested otherwise.

“In normal times, there is no way that a measure like (executive order 25) would pass constitutional muster.”

The court continued, "We find that the affront the Governor of Tennessee will suffer from having one small part of a limited-duration executive order enjoined (which itself is just one piece of a much more comprehensive state policy) is far outweighed by the harm the individual Tennessee women affected by that order will suffer if it is given full effect.”

In his dissent, Thapar took issue with the lower court's decision to grant an injunction, saying it failed to apply relevant law. "Injunctions should be aimed with rifle-scope precision," he wrote. "The district court here used a twelve-gauge."

The appellate court's ruling was met with praise from a wide range of groups behind the lawsuit who were critical of the executive order.

Nancy Northrup, president and CEO of the Center for Reproductive Rights, said the court's decision sends a clear message to Tennessee. "You cannot use a public health crisis to cut off abortion access," she said.

Hedy Weinberg, executive director of the state chapter of the American Civil Liberties Union, said the ruling ensures women throughout Tennessee can continue to have access to time-sensitive, essential abortion care.

"Everybody’s situation is different, and people should be able to make their own decisions about continuing or ending a pregnancy in conversation with their loved ones and health providers, without government interference,” she said. “We need our politicians to be working to protect the health and safety of our community, not using the pandemic to attempt to ban abortion. We hope with today’s ruling that the governor hears that message loud and clear.”

It is unclear whether Tennessee will appeal the appellate court's decision. The state turned to the appellate court after a lower court granted a preliminary injunction on April 17. A spokeswoman for the attorney general said Saturday afternoon the state is considering its next steps.

Earlier this year, Lee made abortion a signature issue, introducing what he called a comprehensive bill that was ultimately shelved due to an accelerated legislative session.

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Reach Joel Ebert at jebert@tennessean.com or 615-772-1681 and on Twitter @joelebert29.