HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Saturday, March 18, 2006

Tennessee's "Choose Life" License Plates OK'd by 6th Circuit

The AP reports that the 6th Circuit has upheld Tennessee's pro-life license plate even though it does not offer the option of ordering a pro-choice license plate. According to the story,

Tennessee is the 13th state to offer "Choose Life" plates. The others are Alabama, Arkansas, Connecticut, Florida, Hawaii, Louisiana, Maryland, Mississippi, Montana, Ohio, Oklahoma and South Dakota. Most states donate proceeds to adoption groups, but Alabama, Hawaii, Maryland and Montana donate at least some of the money to anti-abortion groups.

Jurist has a full report, including links to the court's opinion (2-1).  This could be a cert-worthy issue, judging from the circuit split described by Jurist:

Other courts around the country have ruled on the issuance of special license plates previously. In September 2005, a district judge ruled that Arizona could refuse to issue "choose life" plates [JURIST report]. In March 2004, the US Court of Appeals for the Fourth Circuit struck down anti-abortion plates [JURIST report] in South Carolina, while the US Court of Appeals for the Fifth Circuit in April 2004 upheld similar plates [JURIST report] against a challenge in Louisiana.


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