A federal judge has refused to temporarily block a revised North Carolina abortion law, allowing a 12-week abortion ban to take effect this weekend. U.S. District Judge Catherine Eagles deemed Planned Parenthood's request to delay the restrictions too broad. The new law, passed by the Republican-controlled state legislature, replaces the previous 20-week ban and includes exceptions for rape, incest, and life-threatening fetal conditions.
Planned Parenthood argued that several provisions in the law are contradictory and unconstitutional, warranting a delay. However, Judge Eagles stated she would only consider a "narrower injunction" addressing specific challenged provisions. She acknowledged the recent legislative revisions designed to address some of the concerns, but noted that these changes don't resolve all the issues raised in the lawsuit.
The revised legislation was awaiting Governor Roy Cooper's signature at the time of the hearing. Cooper, a Democrat and abortion rights supporter, previously vetoed the abortion law, but the Republican-led legislature overrode his veto. The bipartisan support for the revisions complicated the judge's decision, as some Democrats who opposed the original law supported the amendments as a way to mitigate its negative impact. The revisions attempted to clarify points of contention, such as confirming that medication abortions are allowed up to 12 weeks, similar to surgical abortions.
Hundreds of North Carolina residents gather to support Gov. Roy Cooper’s veto of a legislation that would further restrict abortions in Raleigh on May 19, 2023. (Travis Long/The News & Observer via AP, File)
A key point of disagreement remains whether the law allows someone to assist a woman in obtaining an abortion out of state where it remains legal beyond North Carolina's 12-week limit. Planned Parenthood expressed concern about the immediate impact of the 12-week ban, while legislative leaders argued against any delay, emphasizing the broad support for the revised law. Attorney General Josh Stein, a Democrat, declined to defend portions of the law, agreeing with some of the constitutional challenges. The ACLU, representing a physician in the lawsuit, argued for a temporary restraining order to allow abortion providers time to adjust to the changes, even if many of their initial concerns were addressed by the revisions. The judge indicated a willingness to address remaining differences between the parties in future proceedings.
North Carolina has been a relative haven for abortion access in the South following the Supreme Court's overturning of Roe v. Wade, and the new law significantly alters the landscape of reproductive rights in the state.
