Proposed NC abortion ban is unlikely to become law but worries advocates, doctors
Three House Republicans filed a bill this week that would make abortion illegal in North Carolina at any stage of pregnancy, except if it risks the life of the mother.
Without the support of Republican leaders — who have said this legislation does not reflect the group’s consensus — the bill is unlikely to get very far.
But abortion providers and abortion-rights advocates, who can no longer count on Roe v. Wade to block bans in the courts, say they feel uneasy about the legislation.
“It definitely does feel much more scary this year,” said Dr. Lisa Carroll, an abortion provider in Asheville. “We’ve just been collectively holding our breath since the legislative session started in January.”
Even though sweeping abortion bans are proposed almost every year, a spokesperson for Planned Parenthood South Atlantic said her organization has been more vigilant this year.
“In the past when we’ve seen these bills, we’ve always had the confidence that even if a bill like that did advance, the courts would block it,” Molly Rivera said. “The only thing keeping a bill like that advancing now is a vote count.”
Some doctors, who would face harsh criminal penalties for providing abortions under this bill, have been similarly troubled.
Jonas Swartz, a Duke Health abortion provider and assistant professor of obstetrics and gynecology at Duke University School of Medicine, worries that just proposing the idea of criminally prosecuting physicians could spook OB-GYNs from applying to North Carolina’s residency programs.
“I would think really hard on it if I were making that choice for my training,” he said.
House Speaker Tim Moore’s office confirmed that abortion law discussions are ongoing, and that House Republicans haven’t been working on a ban like the one proposed by Reps. Keith Kidwell, Ben Moss and Ed Goodwin.
“HB 533 does not reflect the work of the working group or the consensus product we expect to emerge from those discussions,” Moore spokesperson Demi Dowdy said.
What the real proposal could look like
Republican working groups have reportedly been debating two main proposals over the last several weeks.
One is a six-week ban, which Moore has said he personally supports. The second would be a first-trimester ban, which Senate leader Phil Berger has said he supports.
Neither are total bans at the point of conception. But both would still significantly change current law, which prohibits abortions after 20 weeks, with an exception for medical emergencies. And that law itself is relatively new, having gone into effect last summer after Roe was struck down. Before then, abortions were legal up until the point of viability.
When the consensus bill is released, there will likely be a few ways of telling that it’s the real deal. First, since a more restrictive abortion law to protect the unborn has been a key priority for Republican lawmakers and voters, it makes sense to expect that party leaders will unveil the proposal themselves, with several of their colleagues by their side.
The final bill will have been the product of months of talks, so expect Republicans to want to make a show of force — emphasizing that the entire party, or at least the vast majority, is fully behind the proposal.
The contents of the bill will also be worth watching. Republicans seem to be trying to craft a bill that satisfies their most impassioned voters while coming as close as possible to what the average North Carolinian thinks about the issue.
A bill banning abortion at conception isn’t exactly in step with a broad segment of public opinion. An Elon University poll taken just before last November’s election found that 53% of respondents would be “somewhat” or “extremely” dissatisfied if abortion was banned in N.C., The News & Observer reported.
