Welty v. Dunaway

Litigation Content

ICAP joins co-counsel at Horowitz Law in representing Tennessee state representative Aftyn Behn and family law attorney Rachel Welty in a constitutional challenge to a state law that criminalizes “recruiting” a minor to obtain an abortion, even an abortion that occurs legally outside Tennessee. ICAP argues that the law’s “recruitment” provision is unconstitutionally vague and violates the First Amendment by criminalizing protected speech.

In July 2025, the federal district court permanently enjoined the state from enforcing the recruitment ban, and ICAP is now defending that decision on appeal.

Oral Argument:


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