Welty v. Dunaway
ICAP joins co-counsel at Horwitz Law in representing family law attorney Rachel Welty and Tennessee Rep. Aftyn Behn. Welty and Behn are proponents of reproductive rights who advocate for and counsel young women seeking legal abortion care. In 2024, Tennessee enacted a law making it a crime to "recruit" a pregnant minor for the purpose of procuring an abortion that would be illegal under Tennessee law – even if it occurs in a state where it is legal. Welty and Behn challenged the law, arguing that it violates the First Amendment and is unconstitutionally vague. The district court struck down the law, and ICAP joined the case to assist on appeal.
Filings
- 5/6/26 – Filed a reply brief in the U.S. Court of Appeals for the Sixth Circuit
- 1/28/26 – Filed a response brief in the U.S. Court of Appeals for the Sixth Circuit on behalf of Plaintiffs/Appellees/Cross-
Appellants Rachel Welty and Aftyn Behn - 7/18/25 – District court granted summary judgment to Plaintiffs Rachel Welty and Aftyn Behn and entered permanent injunction, mooting Defendants’ preliminary injunction appeal in the Sixth Circuit
- 4/4/25 – Filed a brief in the U.S. Court of Appeals for the Sixth Circuit on behalf of Plaintiffs-Appellees Rachel Welty and Aftyn Behn