Federal Judge Blocks Certain Provisions In North Carolina Abortion Ban
A federal judge in North Carolina temporarily blocked certain provisions of the state’s 12-week abortion ban on Friday, just one day before the sweeping law was set to go into effect.
SB 20 bans abortions in North Carolina after 12 weeks of pregnancy, with minimal exceptions, and imposes several other restrictions on abortion access in the state. With the temporary injunction issued on Friday, abortion providers will still be allowed to provide medication abortions to patients at the early stages of pregnancy.
The order is a culmination of a lawsuit filed by the American Civil Liberties Union (ACLU), Planned Parenthood South Atlantic and other plaintiffs who alleged that several provisions in the bill’s original draft were inconsistent, vague and unconstitutional.
The lawsuit claimed, for instance, that the bill was unclear on whether lawful abortion would remain exempt from the fetal homicide statute. Language in the bill also made it unclear whether medical providers would be prohibited from providing medication abortions for patients at 10 weeks or after the 12th week of pregnancy, and whether a patient with a positive pregnancy test could receive a medication abortion if their pregnancy was too early to be detected by an ultrasound.
In an attempt to address the challenged provisions, North Carolina’s General Assembly approved HB 190, which clarified many of the claims brought forward in the lawsuit regarding vague language and inconsistencies, including stating that medical providers would not be prosecuted for providing lawful abortions. The law also includes exceptions in cases of rape and incest, “life-limiting” fetal anomalies and medical emergencies.
A federal judge was scheduled to hear a motion seeking to stop the law from taking effect, just a day after the state’s Republican-dominated legislature sent the bill to Democratic Gov. Roy Cooper’s office, CNN reported. Republican lawmakers pushed against the injunction, deeming it moot with the newly revised version of the law.
The federal judge said on Wednesday that she wouldn’t temporarily block most of the newly revised law. Instead, she issued a temporary injunction on Friday to allow medication abortion for pregnancies that are too early to be detected in the uterus — addressing the one claim brought forward in the lawsuit that was not clarified in HB 190. The order is set to remain in effect until July 14.
“The court did the right thing in partially blocking this law,” Dr. Beverly A. Gray, a plaintiff in the lawsuit, said in a statement on Friday. “However, patients seeking care in North Carolina will still be forced to suffer the life-altering impacts of being denied access to essential health care because of an arbitrary ban on abortion after the 12th week of pregnancy.”
Abortion Care Restrictions Imposed By SB 20
Even with HB 190 and the temporary injunction, significant abortion care restrictions will join the 12-week abortion ban once SB 20 goes into effect.
For example, abortions procured after 12 weeks of pregnancy for those who fall in the exception category of the law must be provided in a hospital — a move that would place additional health care expenses on patients. This part of the law is set to take effect Oct. 1.
The law will also require all patients seeking an abortion to have two in-person visits 72 hours apart. Patients who decide to get a medication abortion must also then schedule a third in-person follow-up seven to 14 days after the abortion.
These provisions deviate from the Food and Drug Administration’s determination that medication abortions can be prescribed safely via telehealth. With only 14 abortion clinics in North Carolina, located in nine counties, the additional visits will also likely create an insurmountable barrier for some patients trying to access abortion care, according to the plaintiffs and litigators involved in the lawsuit.
“The requirement for an in-person ultrasound and consent by a nurse 72 hours before the abortion is ridiculous, medically unnecessary and will make it impossible for some people to get this care. So many people can’t get time off of work, can’t get child care, can’t afford to drive out once, let alone twice,” Dr. Katherine Farris, chief medical officer at Planned Parenthood South Atlantic, said at a press conference Friday.
North Carolina is one of the last few states in the South with relatively easy access to abortion care, with a 20-week abortion ban in place prior to SB 20. In the wake of the overturning of Roe v. Wade last summer, more than a dozen states across the country have banned abortions or no longer have any abortion providers, and several others have imposed restrictions that severely limit reproductive rights.
