A Tennessee federal judge has ruled that ballots on Amendment 1 to the state’s constitution, which was against protecting a “right” to or funding of abortion, must be recounted and that some of the “yes” votes should just be thrown out in the process. Tennessee is appealing the order.

The State of Tennessee is appealing the order of U.S. District Judge Kevin Sharp, an Obama appointee, who declared the method the state used to count votes for the amendment “fundamentally unfair” and in violation of due process and equal protection rights for voters under the U.S. Constitution, The Tennessean reported. FULL REPORT