--- title: She Sued Tennessee For Denying Her a Abortion. Now She's Running for Office. description: After being denied an abortion, Allie Phillips joined a lawsuit challenging her state's abortion ban—then decided to challenge her state rep canonical: https://time.com/6320148/allie-phillips-abortion-lawsuit-tennessee/ author: Charlotte Alter article:opinion: false article:content_tier: free article:published_time: 2023-10-12T11:00:00.000Z article:modified_time: 2026-08-04T07:50:51.887Z article:section: Politics og:title: She Sued Her State For Denying Her a Abortion. Now She's Running for Office. og:description: Allie Phillips joined a lawsuit challenging Tennessee's abortion ban—then decided to challenge her state rep og:url: https://time.com/6320148/allie-phillips-abortion-lawsuit-tennessee/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt6678868d9986a00b/698a41214ee262358031bd07/allie-philips-featured.jpg?branch=production&width=800&quality=75&auto=webp&crop=16:9 og:image:width: 800 og:image:height: 450 og:image:alt: allie-philips-featured og:type: article twitter:card: summary_large_image twitter:title: She Sued Her State For Denying Her a Abortion. Now She's Running for Office. twitter:description: Allie Phillips joined a lawsuit challenging Tennessee's abortion ban—then decided to challenge her state rep twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt6678868d9986a00b/698a41214ee262358031bd07/allie-philips-featured.jpg?branch=production&width=800&quality=75&auto=webp&crop=16:9 ---  # She Sued Tennessee for Denying Her an Abortion. Now She's Running for Office. > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: August 2026. ## TIME D.C. Brief: Reference Facts and FAQ ### Definition D.C. Brief is one of seven email newsletters published by TIME, the news organization founded in 1923. Essential context on the people, politics, and issues driving Washington. D.C. Brief goes beyond the Washington headlines to explain the politics, personalities and power dynamics shaping what happens next. 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It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ## Video: New CDC Director Mandy Cohen on Abortion, COVID-19, and More [Watch (HLS stream): New CDC Director Mandy Cohen on Abortion, COVID-19, and More](https://cdn.jwplayer.com/manifests/HNgVhsur.m3u8) (8:31)  _Published 2023-08-21. New CDC Director Mandy Cohen talks about abortion, COVID-19, public mistrust in the federal agency, and more._  by [Charlotte Alter](https://time.com/author/charlotte-alter/)  ## Charlotte Alter Senior Correspondent Oct 12, 2023 11:00 AM UTC  Allie Phillips was denied a medically necessary abortion in Tennessee. So she sued the state and is now running for office. Allie Phillips was denied a medically necessary abortion in Tennessee. So she sued the state and is now running for office. Courtesy Photo  by [Charlotte Alter](https://time.com/author/charlotte-alter/)  ## Charlotte Alter Senior Correspondent Oct 12, 2023 11:00 AM UTC Allie Phillips never wanted to be a politician, but she had always wanted to be a mom of two. Whenever Phillips asked her 5-year-old daughter, Adalie, what she wanted to be when she grew up, Adalie would say, "A big sister." So when Phillips found out she was pregnant again in Nov. 2022, Adalie was thrilled. "Her eyes got big and her jaw just dropped open," Phillips recalled. "Every night after that, she sang _Twinkle Twinkle, Little Star_ to my belly. She’d kiss my belly every night before bed." Phillips and her husband planned to name the new baby Miley Rose. But at a routine anatomy scan when she was around 19 weeks pregnant, doctors told Phillips that the fetus had significant problems with its kidney, stomach, bladder, heart, lungs, and brain. These conditions were "not compatible with life outside the womb," a doctor told Phillips. Miley Rose would likely die before birth, and the longer Phillips stayed pregnant, the worse her own health could become. But Phillips, who lives in north Tennessee, could not get an abortion in her home state. After the Supreme Court overturned _Roe v. Wade,_ Tennessee enacted one of the strictest abortion bans in the nation, leaving only the most narrow exception for emergency medical situations. In February, Phillips and her husband had to travel almost 1,000 miles to get an abortion in New York City. Shortly after she returned, Phillips was approached by the Center for Reproductive Rights, which is representing patients in multiple states who were denied medically necessary abortions. The lawsuit seeks to ensure that pregnant patients can access abortion when their own health is at risk, and to give doctors clarity on which "medical emergencies" are exempted from state abortion bans. ### More From TIME Phillips also met with her state representative, Republican Jeff Burkhart, to tell him her story. She wanted to ask for his help writing Miley's Law, which she hoped would expand abortion options for parents when a fetus is diagnosed with severe anomalies. When Phillips told him about her pregnancy loss and mentioned her older daughter, "He said, 'I thought women could only have a miscarriage in their first pregnancy,'" Phillips recalls. "The lack of knowledge, the lack of education, is astounding." That's when she began to think about running for his seat. --- **Phillips is a bubbly** 28-year old with a halo of golden curls and a TikTok account dedicated to her journey with pregnancy, pregnancy loss, and abortion-rights advocacy. She became a single mom to Adalie when she was 22\. Three years later, she married her husband, Bryan Lynch, an old high-school flame. She runs a daycare center out of her home. "Being a single parent, daycares were expensive and hard to find," she explains. "I wanted to help other moms in my community by not charging as much." Phillips and her husband planned to try for another baby as soon as they could afford a bigger home. In the summer of 2022, it was finally time. "We got married, we got our house, and we were about to expand our family," Phillips says. The pregnancy seemed to be progressing smoothly until the anatomy scan. Adalie wanted to see her baby sister, so the couple decided to make the routine scan in February a "family affair," Phillips recalls. As soon as the ultrasound began, Phillips could sense that "the emotion in the room was kind of off." About five minutes in, the technician stopped the exam and told Phillips that she needed to talk to her doctor. "Is everything okay?" Phillips asked. "I saw some things that are concerning," the technician replied. Phillips's stomach dropped. The doctor came in and told the family that the scan had detected multiple fetal abnormalities. The doctor urged Phillips to see a high-risk maternal-fetal medicine specialist. Four days later, after a second ultrasound, that specialist told Phillips that Miley Rose's kidneys, stomach, and bladder weren't functioning. Her heart had only two working chambers, and her lungs had not developed at all. Worst of all, the fetus's brain had semilobar holoprosencephaly, which meant the brain had not properly split into two hemispheres. "While she was talking about everything that was wrong, I was thinking, ‘She could get a heart transplant, she could get a kidney transplant, this is fixable,’" Phillips recalls. "But then she got to the brain and I thought, ‘Oh no.'" The doctor informed the family that Miley Rose was highly likely to die in utero. If she did make it to birth—fetuses with semilobar holoprocencephily have only a 3% chance of making it to delivery—she would die shortly after. The doctor also told Phillips that the longer she stayed pregnant, the higher her own risk of health complications, especially because her condition was already delicate because of a gastric sleeve that had been installed before her pregnancy. But by that point, in Feb. 2023, abortion was outlawed in Tennessee. Doctors who performed abortions [had to provide "affirmative defense," ](https://apnews.com/article/tennessee-abortion-exemption-f9c1ab86edcfb358f225e7c006cae618)meaning that the burden was on the physician to prove that the abortion was necessary to save the patient's life. Phillips had two options: she could continue her pregnancy and put her own health at significant risk, or she could travel out of state to terminate it. Phillips explained to Adalie that she wouldn't get to meet her little sister. She went to a 3D ultrasound clinic, and got Miley Rose's heartbeat recorded in a little teddy bear. Then she and her mom started looking up out-of-state clinics where she could get an abortion. --- **The cheapest option** was in New York City. The procedure cost $1,100, the flights cost $650, and hotels were expensive. But Phillips, who had shared the details of her pregnancy and then the news of the fetal abnormalities on TikTok, received an outpouring of support from her followers, who raised money for her procedure and offered her a place to stay in the city. "I've always wanted to go to NYC," she says. "But I didn't want to go for this reason." After she arrived at the clinic, Phillips underwent another ultrasound. That's when she was told that Miley Rose's heartbeat had already stopped. Phillips went into the hallway, sat down on the floor by the elevators, and cried. When she was called back in to see the doctor, he explained that since the last recorded fetal heartbeat was over a week earlier, she was at serious risk of blood clots, infections, or sepsis. They had planned to do the abortion the following day, but it was too risky to wait. "It happened so fast, I didn't have a moment to breathe," Phillips says. After she woke up from the procedure, a nurse asked her if she was okay. "I said, ‘So I'm not pregnant anymore?’" Phillips recalls. "And she said, ‘Ma'am, you're not.’" --- **Losing Miley Rose** was hard enough. But the more Phillips thought about it, the more enraged she became. Not at the loss of her daughter, but at the Tennessee abortion restrictions that forced her to travel out of state for a procedure she needed to protect her own health. Phillips' story had gone viral on social media as she shared details about her ordeal. In late March, the Center for Reproductive Rights reached out to her over Instagram, asking if she [would join a multi-state lawsuit challenging ](https://reproductiverights.org/wp-content/uploads/2023/09/TN-Complaint-Final-9-12.pdf) state bans that prohibit medically necessary abortions. "It felt like a no-brainer," Phillips recalls. "The whole point of me sharing my story was to open new doors, and this was a door." In March, the Center for Reproductive Rights filed suit against the state of Texas. In September they filed additional lawsuits against Tennessee and Idaho. The suits were brought on behalf of 20 women denied abortion care across all three states, as well as doctors and medical associations. The goal, says the plaintiffs, is to clarify the "medical emergency" exceptions to abortion bans in order to protect patients' access to abortion during dangerous medical situations, and to ensure that the law allows doctors to treat their patients without fear of prosecution. In April, Tennessee [changed its abortion law](https://casetext.com/statute/tennessee-code/title-39-criminal-offenses/chapter-15-offenses-against-the-family/part-2-abortion/section-39-15-213-see-note-criminal-abortion-affirmative-defense#:~:text=%28b%29%20A%20person%20who%20performs,is%20a%20Class%20C%20felony.) to allow doctors to use "reasonable medical judgement" to provide abortions to prevent "death... or to prevent serious risk of substantial and irreversible impairment of a major bodily function." But the Center for Reproductive Rights argues that the way the law is currently written is "not a meaningful exception," says Linda Goldstein, senior counsel at the Center for Reproductive Rights and the lead attorney on the Tennessee case. "Using 'reasonable medical judgement' means that the doctors can be second-guessed. If the prosecutor brings a case and hires a medical expert, the medical expert could say ‘Oh, that wasn’t reasonable,’" says Goldstein. "Doctors are at risk of going to jail and losing their license." Abortion remains a felony in the state, with doctors at risk of being sentenced to three to 15 years in prison if convicted. In Tennessee, the Center for Reproductive Rights [is asking a court to clarify ](https://reproductiverights.org/wp-content/uploads/2023/09/TN-Complaint-Final-9-12.pdf)that the state's medical exception must permit doctors to use their "good faith judgement" to provide abortions when pregnancy poses a risk to the patient's health, including their future fertility, or when the fetus is unlikely to survive. The suit also asks the court to affirm that pregnant patients have a right to life and health under the state constitution, and that the equal protection clause guarantees the right to an abortion when the pregnant person has a medical condition that poses a risk to their health. The goal, says Goldstein, is to "to clarify that women don't forfeit their right to life or health when they get pregnant." --- **As Phillips** was in the process of joining the lawsuit, she asked for a meeting with her state representative, Burkhart. She visited him in June and asked for his help writing Miley's Law. Phillips asked Burkhart if he had a daughter. "If she called you and told you she had a fetus incompatible with life, and her life were at risk, what would you tell her to do?’" she recalls asking him. "He said, ‘The way I grew up, I’d tell her to continue the pregnancy.’" Phillips says that Burkhart spend the majority of their meeting arguing with her about how "high risk" she would have to be to need an abortion. (Burkhart did not respond to multiple requests for comment; his office declined to comment on Phillips' recollection of their conversation, and did not respond to a detailed list of questions.) Phillips knew that Burkhart, who is in his first term representing a new state House district in north Tennessee, had run unopposed in 2022\. "I thought, ‘Somebody needs to step up,'" she says. Her mother suggested she run for the seat. Then two friends told her the same. Soon she started hearing from people in the Montgomery County Democratic Party, which she had joined shortly after returning from New York. If Montgomery County had been deep red, Phillips might have passed on the idea. But she thought victory was possible. Burkhart had won his seat in [2022 with fewer than 7,000 votes, ](https://mcgtn.org/storage/departments/election/election-results/November22/htm/Montgomery%5FElecSumm%5FAll.htm)and no opponent. If she could knock on 15,000 doors, she thought, maybe she could beat him. It may be an uphill battle. Trump won Montgomery County by [double digits](https://mcgtn.org/storage/departments/election/election-results/November20/htm/Montgomery%5FElecSumm%5FAll.htm) in 2020\. But abortion bans have reshuffled political dynamics around the country, including in conservative areas. "Her campaign is already off to a strong start because she has such a clear rationale for running," says Amanda Litman, co-founder of Run for Something, an organization which recruits and trains progressive millennials to run for state and local office. (The group is not yet working with Phillips.) "I think she is the first but not the last of candidates who tried to get abortion care, especially since this is the first cycle where people will have had to newly navigate bans in many states." For Phillips, running for office doesn't ease the pain of losing Miley Rose. But it does give her a sense of purpose. "I’m gonna take my trauma, I'm gonna take the loss of my daughter, and I’m gonna turn it into something good," she said. "The more I’m able to share my and Miley’s story, the more I’m likely to make positive change." ## Transcript Data is the oxygen that powers our ability to respond to threats and so if we don't have access to that data we are not as strong enough asset to respond to threats. So we definitely do need more work to do. Both the build the pipes on connecting all these different data sources but also to have the authority to say you we need to we need to do this in order to protect our country and to have a national security asset that can respond to those threats. One of the issues I think that people are grappling with right now and the agency isn't mistrust in science in general. But I think in the CDC in particular, I'd love to get your perspective on that perspective. Both coming from the outside as Secretariat in North Carolina and now that your director how you how you plan to address that will first, I think trust is absolutely foundational. I think change happens at the pace of trust it. So it it underlies, everything that we do and I will say, as Health and Human Services, secretary for North Carolina. We called out and named trust as Central to how we responded to the covid crisis. We thought about it every day and we measured it importantly. And what we saw over the course of leading through that crisis, we saw trust actually increase in the department that Iran which was different than what we were seeing and some other parts of the country. And I think We were able to build trust, cuz we focused on three things. One, we focus on really building relationships to, we were incredibly transparent. We use Simple communication. We did 170 press conferences. I think an 18 months. So we were answering questions all the time because we were learning new things and then third, we made sure that folks were knowing that we were performing every day for them, that we were delivering, the vaccines were the tests that they needed to protect themselves. So we focus on those three aspects. We talked about it and we measured it. So I think we, we did a great job in North Carolina. I'm hoping to bring those that work in those lessons at 2 to the work here at CTC. How concerned are you about the increasing hospitalizations from covid? Be cuz you know since we're not tracking cases, so much anymore. Opposition's is like a good litmus test for, you know, like severe case there are people getting sick or from from their infections. How concerned are you about that? Trend. So we are seeing hospitalizations go up for here in August of 2023. And it's reminding us that we are living with code. That's right. It is not gone. And that means we need to continue to Avail ourselves of the tools that protect us. Vaccines testing and treatment. Luckily, we have more tools than ever before going into these next season and we're going to have a new booster that comes out in the middle of September. So we have the tools, we just need to use them but I'd say about the current level, I'm not concerned right now but you know, we're going to continue to watch that. If you saw the highest number of hospitalizations we had last year is about 45,000 for about ten thousand right now. So we're much lower than we were. The peak last year but we have to keep Vigilant than making sure that were using the tool to protect ourselves. If you're going to hear us talk a lot about vaccines testing and treatment, that things are safe and effective. If we have great test, that can rapidly identify what you have and then treatment that works, but you have to use it right away. Can we look at some of the big health issues especially in the past year that, you know, the country is facing? I think women's reproductive Health has been really a Hot Topic with some of the restrictions that have been placed on choices that women have regarding contraception and abortion. What role does the CDC has in ensuring that we would continue to have access to as many healthy and, you know, evidence-based choices as possible. The mission of the CDC is to protect and improve health. And in order to be able to do that, we need to make sure that folks have access to the tools that can keep them healthy at all moments of their life, whether they're thinking about becoming pregnant during their pregnancy. Or even after when they're young mom and we have a lot of data and best practices and evidence that we can bring to bear to show that when we work with Mom, so that they are getting pregnant when they are ready and want to meeting that they have access to contraception. So they're not getting pregnant if it's not. Right time for them and their family. That means babies have better outcomes as do Mom. And just this week, we've seen another blow in in the form of the the appeals court decisions, you know, backing the Texas judge's ruling on Meet the Press Stone. It remains available, but this is going to be debated in the court. How much of an impediment is that this is something that there is good science behind and yet we're looking, you know, to a whole different system. The legal system to kind of decide whether women can have access to it or not as a as a physician and as a public health leader, how does that strike you? So disappointed that we are here and that we are having the conversation to revisit whether or not women should have access to health care when they need it. I will say as both a mom of two daughters a physician and now the director of the CDC know I'm going to continue to make sure that we are working to make sure women has access to Care when they need it, that they have medical treatment when they need and that's all parts of their life. The issues. I think that has impart led to the mistress in the skepticism of the agency in science and journal was the politicization of Health. It became a political rather than a scientific issue. You know, based on strong scientific evidence. As secretary North Carolina, did you see some of that in your own State? And as you saw it on the national level, what concerns you had, and also how you plan to address that now is director of CDC. Well, I think it's always important for us to have good discourse and good dialogue. I think it's important when we're wrestling with heart issues that we hear from different folks. But what we want to make sure is that that dialogue is respectful. I saw that in North Carolina, credibly good, relationships across the aisle. I worked for a Democratic governor but we had a super majority of Republicans in our state legislature. But we had good relationships and I think it's because we were willing to answer questions that we were transparent, folks knew that they could get me on the phone to answer questions and I was happy to do. It doesn't mean We always agreed on every issue, but we were able to have that respectful dialogue as I get to know members of Congress and in my new role. And that's what I see as well as having building those relationships being available to answer their questions and focusing on the places where I see a lot of consensus. And I do see consensus on making sure we have an asset for our country, that is identifying threats and responding quickly to them. So, if we haven't a new virus or a new chemical, or what have you that, we are able to respond quickly. So I see a lot of consensus around having that ass. I also see a lot of consensus on addressing mental health. We all know that mental health unfortunately has seen, you know, a lot of challenges that happens in any crisis whether it's a hurricane or a pandemic. And so I feel a lot of consensus on coming together to think about ways to address that. I was just talking to a couple of members of Congress and how do we work together and suicide, prevention, for example. In the third area consensus. I really see it around young families thinking about, how do we get Upstream from some of the issues? We see John thring whether that's diabetes or mental health issues in addiction. There are ways proven ways with evidence that we know, we can prevent we know that we are a stronger country if we are healthy and what does it take to become that? So those are the areas you're going to hear me focus on right? Making sure we have that asset to respond to threats that we address our mental health issues, and that we're also doing the prevention to make us the healthiest country, we possibly can be ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/6320148/allie-phillips-abortion-lawsuit-tennessee/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6320148/allie-phillips-abortion-lawsuit-tennessee/"},"headline":"She Sued Tennessee for Denying Her an Abortion. 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