Court blocks 2015 North Carolina law that tightened abortion restrictions

North Carolina cannot enforce a state law that sought to tighten restrictions on abortions, a federal appeals court ruled Wednesday in one of the latest challenges to existing abortion law.

The ruling comes as the U.S. Supreme Court has agreed to hear a challenge to a Mississippi law that would prohibit most abortions after 15 weeks. The court is dominated by Republican-appointed judges (6-3) after three new justices were confirmed during President Donald Trump’s four-year term, raising the possibility of major changes to the 1973 Roe v. Wade decision which legalized abortion in the United States.

The North Carolina ruling centered on changes to the state’s abortion laws enacted in 2015 by the General Assembly, and whether those changes “established a credible threat of prosecution sufficient to confer standing” to the abortion providers who brought the suit.

The law tightened the definition of a medical emergency and extended the waiting period before a woman could obtain an abortion, among other changes. The underlying law, both before and after the 2015 changes, allows abortion within the first 20 weeks of pregnancy.

“The amendments impose additional regulations on abortion providers by restricting who may perform abortions and what information providers must report to North Carolina; the amendments reduce the availability of abortion to women facing medical emergencies; and the amendments extend the mandated waiting period women must observe before obtaining an abortion,” a panel of three judges from the court wrote in a unanimous opinion.

The defense argued that the laws had not been enforced against an abortion provider in nearly 50 years, thus they did not have standing to bring the lawsuit.

A district court had previously found the providers did have the right to bring the suit and awarded them summary judgment, which temporarily halted the enforcement of the law. The 4th U.S. Circuit Court of Appeals, which has jurisdiction over North Carolina, agreed with the lower court.

“The North Carolina legislature’s recent revisions to its statutory scheme suggest that North Carolina has a renewed interest in regulating abortion,” the judges wrote.

“.... As a nation we remain deeply embroiled in debate over the legal status of abortion. While this conversation rages around us, this court cannot say that the threat of prosecution to abortion providers who violate the law is not credible.”

Judge Diana Gribbon Motz wrote the opinion and was joined in the decision by Judge Albert Diaz and Judge Julius N. Richardson. Motz was nominated by President Bill Clinton, Diaz by President Barack Obama and Richardson by Trump.

“The Providers have a right to insist that North Carolina comply with the Constitution — and so do their patients,” the judges wrote.

Other states, including South Carolina, have passed laws limiting access to abortion. Under South Carolina’s so-called “fetal heartbeat” bill, doctors would be prohibited from performing an abortion if a heartbeat was detected except in certain cases. A federal judge has temporarily blocked the law.

State lawmakers in North Carolina passed legislation this month to ban race- and Down syndrome-selective abortions. Democratic Gov. Roy Cooper could veto the bill.

Abortion rights groups praised Wednesday’s decision in the 4th Circuit, which covers North Carolina, South Carolina, Virginia, Maryland and West Virginia.

“Because of this decision, North Carolina is a haven where patients can access abortion even as politicians throughout the south pass dozens of restrictions attacking fundamental rights,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, in a statement.

Said Jenny Black, president & CEO of Planned Parenthood South Atlantic: “Abortion remains inaccessible for many North Carolinians, and we will continue to protect and expand access to this essential health care. When people can make decisions about their pregnancies that are best for them, families thrive and we build communities where each of us can participate fully and with dignity.”

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