North Carolina Can Ban Most Abortions after 20 Weeks, Judge Rules
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North Carolina can enforce a general ban on abortion after 20 weeks of pregnancy with the exception of medical emergencies, a federal judge ruled Wednesday, lifting an injunction he had placed that blocked the ban.
In 2019, U.S. District Judge William Osteen had issued an injunction on the 1973 state law, arguing that it was unconstitutional based on the precedent of the Supreme Court. Osteen reversed his decision on Wednesday, issuing a court order declaring the injunction went against the Supreme Court’s decision to overturn Roe v. Wade.
Osteen argued the injunction had no “constitutional basis” and that leaving the injunction in place would heighten “confusion” due to the overturning of Roe v. Wade.
“Neither this court, nor the public, nor counsel, nor providers have the right to ignore the rule of law as determined by the Supreme Court,” Osteen wrote.
The state ban allows for abortions up until 20 weeks of pregnancy, and at all times afterwards in instances where “there is substantial risk that continuance of the pregnancy would threaten the life or gravely impair the health of the woman.”
Democratic North Carolina Governor Roy Cooper voiced his opposition to Osteen’s ruling, saying “the significant problem with this ruling is that it will criminalize important health care that’s needed in extraordinary circumstances.”
“Although I disagree with this ruling, the vast majority of patients will still be able to access reproductive health care in North Carolina, and I remain committed to protecting it. The significant problem with this ruling is that it will criminalize important health care that’s needed in certain extraordinary circumstances. Abortion past 20 weeks in pregnancy is exceptionally rare and happens because of a devastating health emergency or diagnosis. Denying women necessary medical care in extreme and threatening situations, even if rare, is fundamentally wrong, and we cannot let politicians mislead people about the real world implications of this harmful law,” Cooper said in a statement.
Osteen’s ruling comes the same day that South Carolina’s supreme court temporarily halted the state’s “fetal heartbeat” abortion ban, to discuss whether it violates the right to privacy outlined in the state’s Constitution.
The “fetal heartbeat” ban, which took effect days after Roe v. Wade was overturned, outlawed abortions once an ultrasound could detect a heartbeat, which can happen at approximately the sixth week of pregnancy.
After the state’s Supreme Court injuction, abortions are legal until the 20th week of pregnancy in South Carolina, in accordance with a 2016 law.
